CJB.-II No.

91

LOK SABHA
i

THE MANIPUR LAND REVENUE AND

LAND REFORMS BILL, 1959

(Report of the Joint Committee)

PRESENTED ON THE 8TH FEBRUARY, i 960

LOK SABHA SECRETARIAT

NEW D E L H I
February, 1960
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 CONTENTS
PA0B8

1. Composition of the Joint Committee . (i)—(ii)

2. Report of the Joint Committee . . . (iii)—(vil)
3. Minutes of Dissent . . . . (ix)—(xv)

4. Bill as reported by the Joint Committee . . 1-58

A p p e n d ix I—

Motion in the Lok Sabha for reference of the Bill to Joint Committee 59-60

A p p e n d ix I I —

Motion in the Rajya S a b h a ................................... 61

A p pe n d ix III—
Statement of memoranda/representations received by the Joint Com­
mittee ....................................................................................... 62
A p p e n d ix IV —

Minutes of the Sittings of the Joint Committee . 63—80

1697 (B) LS— 1

THE MANIPUR LAND REVENUE AND LAND REFORMS
BILL, 1959
Composition of the Joint Committee
Shri Govind Baltetbh Pant—Chairman
M embers

Lok Sabha
2. Shri Bangshi Thakur
3. Shri Rungsung Suisa
4. Shri Dharanidhar Basumatari
5. Shri Etikala Madhusudan Rao
6 . Shri Ghanshyamlal Oza j
7. Shri Bibhuti Mishra
8 . Major Raja Bahadur Birendra Bahadur Singh
9. Shri M. Gulam Mohideen
10. Shri Shobha Ram j
11. Shri Raja Ram Misra
12. Shri J. B. S. Bist j
13. Shri N. B. Maiti | ,
14. Shri H. Siddananjappe
15. Shri Dasaratha Deb
16. Shri Laisram Achaw Singh ;
17. Shri Pramathanath Banerjee
18. Shri Tridib Kumar Chaudhuri
19. Shri Ram Chandra Majhi
20. Shri Bijaya Chandrasingh Prodhan
21. Shri B. N. Datar

Rajya Sabha
22. Shri Laimayum Lalit Madhob Sharma
23. Shri Abdul Latif
24. Shrimati Seeta Yudhvir
25. Shri Braj Bihari Sharma
 (11)
26. Shri Joy Bhadra Hagjer
27. Sardar Raghubir Singh Panjhazari
28. Shri V. Prasad Rao
29. Shri Kamta Singh
30. Shri Dibakar Patnaik.
D raftsmen
Shri R. C. S. Sorkar, Joint Secretary and Draftsman, Ministry
of Law. |
Shri K . G. Viswanathan, Deputy Draftsman, Ministry of Law.
S ecretariat
Shri S. L. Shakdher—Joint Secretary.
Shri A. L. Rai—Deputy Secretary.
 Report oi the Joint Committee

1. the Chairman of the Joint Committee to which the *Bill to

consolidate and amend the law relating to land revenue in the Union
territory of Manipur and to provide for certain measures of land
reform, was referred, having been authorised to submit the report
on their behalf, present their Report, with the Bill as amended by
the Committee annexed thereto.

2. The Bill was introduced in the Lok Sabha on the 9th December,
1959. The motion for reference of the Bill to a Joint Committee of
the Houses was moved by Shri B. N. Datar, the Minister of State in
the Ministry of Home Affairs, on the 15th December, 1959, and was
discussed and adopted on the same day (Appendix I).

3. The Rajya Sabha discussed and concurred in the said motion

on the 22nd December, 1959 (Appendix II).

4. The message from Rajya Sabha was published in the Lok

Saibha Bulletin Part II, dated the 23rd December, 1959.

5. The Committee held five sittings in all.

6 . The first sitting of the Committee was held on the 24th Decem­
ber, 1959, to draw up a programme of work.

7. 9 'memoranda/representations on the Bill were received by the

Committee from different associations and individuals as mentioned
in Appendix III.
8 . The Committee considered the Bill clause by clause at their
sittings held on the 25th January and 5th February, 1960.

9. The Committee considlered and adopted the Report on the 6th

February, 1960.
10. The observations of the Committee with regard to the princi­
pal changes proposed in the Bill are detailed in the succeeding para­
graphs.
11. Enacting Formula and clause 1.—The changes are of conse­
quential nature.
* Published in Part II— Section 2 of the Gazette of India Extraordinary, dated 9th
December, 1959.
(iii)
 (IV)

12. Clause 2.t:—For the purpose.of fixing ceiling limit under

Chapter XI, the word ‘family’ has been defined in clause 138. The
Committee, however, feel that for other purposes, particularly for
the purposes of personal cultivation, the word ‘family’ should be
defined Accordingly, a new definition of family has been inserted
as item (g).

Subsequent items have been re-lettered.

Item (p) [Original Item (o )].—The word ‘judicially’ has been in­
serted before the word ‘separated’ to make the intention clear.

Item (u) [Original Item (t)].—The amendments are clarificatory

in nature.

13. Clause 12.—The Committee desire that while framing the rules
on the subject the interests of the people with regard to the use ox
natural products growing on land should be kept in view.

Sub-clause ( 1) has been amended accordingly.

14. Clause 14.—The Committee feel that rules made under this
clause should also provide for allotment of lands in suitable cases to
persons evicted under clause 15.

Sub-clause ( 1) has been amended accordingly.

15. Clause 20.—The Committee consider that penalty of rupees

five for each day during which the contravention continues may be
reduced to rupees four.
Sub-clause (5) has been amended accordingly.

The other amendments made in the clause are of a drafting nature.

16. (Original clause 21).—The Committee feel that if during the

term of settlement, water from natural sources is utilised without
involving any expenditure from Government funds it would not be
reasonable to levy a water rate. Clause 21 has, therefore, been
omitted.
17. Clause 22 (Original clause 23).—The Committee think that
proviso to item (c) of sub-clause ( 1) should apply to item (b) also.

Items (b) and (c) have accordingly been combined.

18. Clause 25 (Original clause 26).—The Committee recommend

that while framing rules on the subject the Panchayats should also
 (V)

be associated with the enquiries into profits of agriculture and the

value of land used for agricultural and non-agricultural purposes.
19. Clause 26 (Original clause 27).—The Committee are of opinion
that the power of the Administrator to issue notification for revenue
survey should be exercised with the approval of the Government.

The clause has been amended accordingly.

The other amendtoients in the clause seek to make the intention

clear.

20. Clause 28 (Original clause 29).—The Committee are of the

view that the proviso to the clause is not necessary and should be
omitted.

The proviso has been omitted accordingly.

21. Clause 29 (Original clause 30).—The Committee think that

sub-clause (2 ) is not necessary and should be omitted.

Sub-clause (2 ) has accordingly been omitted.

22. Clause 46 (Original clause 47).—The amendment is clariflcatory

in nature.

23. Clause 47 (Original clause 48).—The Committee feel that im­

position of fine by the Deputy Commissioner should be made dis­
cretionary according to the circumstances of the case and not com­
pulsory in every case of neglect to report as is now required.

The clause has been amended) accordingly.

24. Clause 58 (Original clause 59).—The amendment made in the

clause is clariflcatory in nature.

25. Clause 73 (Original clause 74) —According to the original

clause 74, the defaulter or any person owning or holding an interest
in the property that has been sold for recovering arrears of land
revenue may apply within thirty days of the date of sale for setting
aside the sale on the grounds specified in the clause. The Com­
mittee are of the opinion that there should be an enabling provision
empowering the Deputy Commissioner to receive the application
even after the expiry of thirty days, if the person making the appli­
cation is prevented by sufficient cause from filing it within the pre­
scribed period.
 (vi)

The clause has been amended accordingly.

26. Clause 74 (Original clause 75).—The amendments in the clause

are consequential to the amendments accepted in the previous clause.

27. Clause 75 (Original clause 76).—The amendments in sub­

clause ( 1) are of a clarificatory nature.

28. (Original clause 81).—The original clause 81 provided that it

shall be lawful for the Deputy Commissioner in order to secure the
payment of land revenue in respect of any land, to prohibit the
reaping of any crop growing on land in respect of which land revenue
is due or to require that the crops, if they have been reaped, should
not be removed without the written permission of the Deputy Com­
missioner. The Committee are of the opinion that this provision
would cause undue hardship to the cultivators.

Clause 81 has, therefore, been omitted.

29. (Original clause 82).—The omission of this clause is conse­
quential to the omission of the original clause 81.
30. Clause 96 (Original clause 99).—The Committee think that
before an order is reviewed, the opposite party should be given
notice thereof.
Sub-clause (2 ) has been amended accordingly.
31. Clause 98 (Original clause 101).—The amendments in sub­
clause ( 2 ) are consequential in nature.
32. Clause 102 (Origi lal clause 105).—The Committee consider
that the period of one month for filing objections by the tenant is not
adequate and it may be extended to ninety days.
Sub-clause ( 1) has been amended accordingly.
33. Clause 103 (Original clause 106).—Sub-clause (2 ) of original
clause 106 provided that a tenant who under any law, custom or usage
is not liable to ejectment on the ground that the land is required for
personal cultivation shall in all cases be left with a basic holding or
the land actually held by him, whichever is less. The Committee
find that in Manipur there is no such custom or usage. Reference to
“law” in this sub-clause would lead to complications as the Vidharba
Region Agricultural Tenants (Protection from Eviction and Amend­
ment of Tenancy Laws) Act was intended only to give limited pro­
tection against eviction. The Committee therefore are of the view
that sub-clause (2 ) should be'omitted.
The clause has been amended accordingly.
 (vii)

34. Clause 106 (Original clause 109).—The amendment in sub­

clause (3) is of a drafting nature to make theintention clear.
35. Clause 112 (Original clause 115).—The Committee are of the
view that the maximum rent payable by a tenant as now provided
is rather high. The Committee, therefore, consider that the maxi­
mum rent payable by a tenant should be, where it is payable in kind
as a share of the produce, one-fourth of the produce if the plough
cattle for the cultivation of the land is supplied by the raiyat, and
one-fifth if the raiyat does not so supply the plough cattle; and that in
any other case it should be four times the land revenue payable in
respect of the land.
The clause has been redrafted accordingly.
36. Clause 114 (Original clause 117).—The clause has been
amended to make the intention clear.
37. Clause 119 (Original clause 122).—The Committee are of the
view that in the context of the local conditions it will be desirable to
provide that in cases where an order of eviction is made against a
tenant on the ground that the land he holds as a tenant is reserved
for the personal cultivation of the landowner and the effect of the
execution of such an order would be to reduce the tenant’s holding
to less than 1•25 acres, the order should not be so executed as to
diminish the tenant’s holding to less than 1-25 acres, till such time
as the tenant is accommodated on other land.
The clause has been amended accordingly.
The Committee also recommend that as far as possible alternative
land may be provided within reasonable distance.
38. Clause 121 (Original clause 124).—The Committee consider
that the words “or deemed to have been reserved under section 107”
in item (b) of the clause are unnecessary and, therefore, have omit­
ted it.
39. Clause 127 (Original clause 130).—The Committee are of the
view that in the context of the local conditions, that in respect of
the land declared! to be the non-resumable land of the tenant the
transfer of ownership should not take place for a period of 5 years
from the date of such declaration if the landowner is a person who
owns land not exceeding a family holding and whose income is main­
ly derived from such land.
The clause has been amended accordingly. •
40. Clause 129 (Original clause 132).—The Committee desire that
where payment of compensation to landowners is to be paid in
annual instalments this should not exceed ten.
The clause has been amended accordingly.
1697 (B)LS—2.
 (viii)

The Committee also recommend that where compensation pay­

able to a landowner is small, it may be paid in a lumpsum.
41. Clause 138 (Original clause 141).—The words “in accordance
with the provisions of that section” were considered unnecessary and
have been omitted.
42. Clause 140 (Original clause 143).—The amendment in the
clause is -clariflcatory.
43. Clause 141 (Original clause 144).—The Committee recommend
that the rules made with reference to clause 14 for allotment of land
belonging to Government should also cover excess landis which vest
in the Government.
4&. Clause 146 (Original clause 149)—The clause has been re­
drafted to make the intention clear.

45. Clause 157 (Original clause 160).—The clause has been re­
drafted to make the intention clear.
46. The Joint Committee recommend that the Bill as amended be
passed. >

N e w D e l h i; GOVIND BALLABH PANT,

The 7th February, i960. Chairman,
Joint Committee
 Minutes of Dissent
I
I do not agree to the provision of Explanation I to clause 2 (p). In
my view it will create complication and debar certain genuine culti­
vators who may be living at a distance a little further from so called
prescribed distance mentioned in the explanation. So it should be
‘ deleted. ]
I do not agree to the provision of twenty-five standard acres in
clause 139. It is not enough for a family for it would not generally
yield more than Rs. 3,000 (three thousand) as gross income which
is quite a social injustice in view of the maximum income in other
sectors of life. So it should be raised to forty-five acres.
N e w D e l h i; KAMTA SINGH.
Dated the 6th February, 1960.
II
Generally, I am in agreement with the conclusions of the majority
of the members of the Joint Select Committee on the Manipur Land
Revenue and Land Reforms Bill. However, I regret I am unable to
associate myself fully with the report of the majority of my colleagues
in the Committee. While I support the broad policies and objectives
of the Government embodied in the several provisions of the present
Bill, I find it very difficult to agree to the ways and means devised to
attain these objectives.
The present Bill introduces far-reaching changes in the land
tenure system. There are comprehensive provisions in the Bill with
regard to new and drastic measures of land reforms in the Union
Territory of Manipur for regulation of rights of owners and tenants,
fixation of ceilings on existing holdings and future acquisitions and
prevention of fragmentation. While consolidating and codifying the
law governing the land revenue administration in the territory, there
are a number of radical changes introduced with regard to survey,
settlement and land records as well as the assessment of land
revenue. These are very good and salutory provisions. They are
also quite welcome in Manipur but for the drastic nature of some of
these provisions and their sudden introduction in Manipur. Judged
from the comments and criticisms raised in most of the memoranda
and representations from Manipur, the public are quite unaware of
these provisions of the Bill and the measures introduced in it will
have far-reaching consequences. It might bring about such a drastic
(ix )
 (X)

change in the agrarian situation that may upset the economic and
social structure of Manipur. I am very anxious to avoid any such
dislocation in the economic and agrarian relations though I may
welcome some sudden jolt in order to rouse among the people a
sense of urgency for economic development in Manipur. As a
resident of Manipur, I feel that we cannot depend on agriculture for
all time to come. The pressure on land should be relieved and new
avenues for employment have to be discovered. The introduction
of some medium industries is the need of the moment.

The Planning Commission have recommended several measures of

land reforms- in the whole of India. Most of the States have not yet
framed legislations on ceilings of land holdings and lot of controversy
is going on in several States. In respect of tenancies, the plan re­
commended security of tenure for the tenants subject to the land­
lords* right to resume a limited area for personal cultivation, reduc­
tion of rents and a right of purchase of ownership of their holdings.
Legislations have been introduced in several States. There are mark­
ed variations in the degree of implementation of this land policy
and only in a few States it has been effectively implemented. Mani­
pur is situated in the distant corner of India and all these measures
of land reforms have not been introduced at all and some of the
provisions are altogether unknown in that part of the country. There
are no intermediaries and no Zamindari or Inamdari system in
Manipur and while in other parts of India steps have been taken
long ago to abolish intermediaries in Manipur, no such thing has
happened. In Manipur, we are undertaking this legislation without
any data or statistics as such and any one can quote any data to suit
his own purposes- In other parts of India, when such legislation is
undertaken, some committee is set up to enquire into all the aspects
of agrarian situation and to recommend ways and means with a
view to cope with the local conditions. It is strange that while the
census of land holding and cultivation has been carried out in all the
States, the proposal for a census of land holding and cultivation far
Tripura and Manipur was dropped. The size and distribution of
holdings are not available and cadastral survey of the lands has
just started and record of rights is being drawn up. In the absence
of all these preliminaries, it is quite natural that misgivings and mis­
apprehensions have arisen in the public mind. It has been suggested
in one memorandum that small holders of one or two paris (5 acres)
would be completely dispossessed as more than 60% of the total culti­
vated area in Manipur are in the hands of tenants on lease and the
latter cannot be evicted even for personal cultivation.
4. There is a proverb “one man’s meat is another man’s poison” .
What is best for the more developed and industrialised areas of India
 ( X l)

may not be suitable in some respects for a backward and economi­

cally undeveloped territory like Manipur. To apply all the provisions,
of land reforms according to the directives of the Planning Commis­
sion which has not cared to study the. local problems of Manipur on
the spot are quite too much. Immense difficulties and undue hard­
ships may result at the time of implementation of these provisions. It
should have been better for the Joint Select Committee to send a fact­
finding team to Manipur for ascertaining the true facts. It was rather
difficult to believe without seeing. However it is a matter of great
satisfaction that original clauses 21, 81, 82 and 106(2) have been totally
omitted to suit local conditions and clauses 112, 119, 127, and 129
have been amended accordingly. It should be noted that this legis­
lation will generally apply to the Manipur Valley of about 700 sq.
miles out of total are 8638 sq. miles of the Union Territory. About
4 lakhs of population live in the valley and 2 lakhs of the population
owning upto 75 acres might be adversely affected by the operation
of clause 103. The net sown area is 2* 03 lac acres only in the whole
of Manipur. There are paltas of land in the hill areas and no land
revenue is paid by the hill people. Average yield per acre is as high
as 1,200 lbs. and Manipur is a surplus area in rice production. But
agricultural price is as low as Rs. 5 to Rs. 7 per maund at Imphal. There
are no industries worth the name. Under these circumstances legis­
lation on land reforms in Manipur should take special care of the
peculiar conditions prevailing there.

Of all the important points embodied in the different provisions of

the Bill, the most vital and important one is about personal cultiva­
tion by landowners and their right of resumption of lands for their
personal cultivation. The significance and importance of this point
is so vital that on the successful implementation of the clauses re­
garding this point, hope and aspirations will be falsified and dis­
appointments also would follow. A large number of tenants would
now acquire the right of ownership of their non-resumable land. In
other case, tenants might be evicted on resumption of lands by land­
owners and specially in Manipur a large number of small owners
having less than the family holding of 7-5 acres would now be dep­
rived of their alternative means of livelihood. Even if they take to
cultivation personally, half of their holdings would go to the tenants
as the ownership would be transferred to the latter. It will be a great
blow dealt on their means of livelihood and will create a class of dis­
placed persons for no fault of theirs. In Manipur, there is n0 dis­
tinction between cultivating and ncn-cultivating class and every one
can do the personal cultivation by his own labour or the labour of
any member of his family. It is a pity that small landowners who
have no other substantial means of living and who lease out their
 (xii)

lands and take to other professions like school-teachers, petty traders,

shop employees and clerical jobs would one morning find themselves
dispossessed their hard-earned assets. The best course would be
to allow them to resume their entire holding for personal cultivation.
Because their economic circumstances are not so different from those
of tenants that tenancy legislation should operate to their disadvant­
age. It should be however admitted that omission of sub-clause (2 )
in clause 103 (original clause 106) and amendment to clause 127
(Original clause 130) by addition of a proviso would go a long way
in giving them substantial relief. Because, while accepting the
validity of recommendations of the Planning Commission, they will
be left now, at least with a basic holding of 2' 5 acres and for a period
of five years they would continue to lease out their land and receive
rent in deserving cases. The definition of personal cultivation is so
wide and vague that it has created all the complications in the con­
cepts of the “permissible limit” and the “Ceiling limit”. All these
complications would have been avoided if simple and clear provisions
had been made by fixation of ceilings on land holdings at a lower
limit.

Regarding ceilings on land holdings in clauses 136, 139, 140 and 149
of the Bill, I feel that the very purpose for which ceilings are impos­
ed has been frustrated in several ways. The fixation of a ceiling on
land holdings has been urged on two grounds, first as a measure for
furthering efficient agriculture, and secondly as a means of promot­
ing social justice. The policy in the fixation of a ceiling according to
the Committee of the panel on land reforms set up by the Planning
Commission would be to contribute to the following objectives: (i)
meeting the widespread desire to possess land, (ii) reducing glaring
inequalities in ownership and use of land, (iii) reducing inequali­
ties in agricultural incomes, and (iv) enlarging the sphere of self­
employment. It is very difficult to believe that these objectives can
be fulfilled with the provisions made in the Bill.

It seems that the land reforms envisaged in this Bill will not be
so effective in so far as no surplus land would be available for distri­
bution. The data fixed on the 15th January, 1959 for purposes of
determining the excess land in clause 139(2) is quite unjustified. Too
much long rope has been given to landed interests. It was decided to
fix this date on March 6 , 1956 by the Advisory Committee for Mani­
pur- This is the date on which for the first time tenancy reforms
were introduced in Manipur. The date fixed after Nagpur Resolu-
tipn is unjustified and unwarranted. In fact malafide transfers of
land above the ceiling limit have taken place already after this date in
order to avoid any future legislation and to circumscribe ceilings on
 (xiii)

holdings. The Second Five Year Plan lays stress on the fact that
suitable action should be taken in respect of malafide transfers. If
such transfers are allowed they will defeat the very object of impo­
sition of ceilings. So suitable amendments should be made that any
transfers after 6th March, 1956 should be disregarded in determining
the surplus area.

Ceilings on land holdings is a test to the land reforms and to the

bonafides of the Government. In clause 136, the ceiling-limit is
fixed at 25 acres for a family of live and at 50 acres in the aggregate
for a family of more than five members. The Manipur Darbar by
a resolution 30 years ago had prohibited acquisition of more than
10 paris or 25 acres. Increasing the limit to 50 acres as provided
here is too excessive and retrograde. The agrarian feature in
Manipur is such that most of the landowners are small holders.
Those who own more than the ceiling limit of 50 acres will be very
few and can be counted on the fingers. It is therefore necessary
that the interests of small owners and the tenants can best be safe­
guarded by fixing a lower ceiling limit. Land hunger is strong,
pressure is already high and net area sown is only 2'03 lakhs acres
and land is also very fertile. There is no reason why lower ceiling
limit should not be fixed having regard to all the social conditions
prevailing in Manipur. In that case, I have suggested that the ceil­
ing should be fixed at 12£ acres for a family of five and 20 acres for
a family of more than five members with 2$ acres for every addi­
tional member above five. The cultivable area is so small in the
valley of 7000 sq. miles, where profitable agriculture can be prac­
tised and in order to make more surplus land available it is abso­
lutely necessary that clause 136 should be amended. In that ease
full resumption rights can be bestowed on the landholders.

In clause 150, so many exemptions are provided for the application

of the ceiling-limit. These exemptions are unrelated to conditions
prevailing in Manipur. I am of the opinion that lands under actual
plantations of tea, coffee and rubber and also land actually serving
dairy farms, wool raising farms which are genuine should be exempt­
ed from ceiling. But all those categories of land specified under this
clause' including tea, coffee, rubber and sugarcane plantations don’t
exist at all and exemptions of these would only lead to defeat the
purpose of imposition of ceiling on one pretext or another. The only
case which can be recommended for exemptions is the land which is
held by a co-operative society. Any of the objects sought to be
fulfilled by these sub-clauses of clause 150 can be fulfilled by starting
co-operatives for specified purposes. So necessary amendments
should be made under this clause.
 (xiv)
t. Regarding payment of compensation for non-resumable lands
of the tenants and excess lands provided in clauses 129 and 145
the principle has been accepted that small amounts should be paid
in lump sum. But the amount should be specified. A sum of
Rs. 5,40,000 is to be paid by way of compensation and it is only 1%
of the total expenditure of the Union Territory. I should rather
recommend that in all cases lump sum payments should be made at
once.
Clause 119 provides a number of grounds for eviction of tenants.
They are too numerous and vague. It is quite evident that evic­
tions will start after passing of the Act because of the high limit
of personal cultivation or cultivation by hired labour. The subse­
quent amendment for staying the execution of an order after sub­
clause (1) (a) in case of tenants holding 1-25 acres till they are pro­
vided with alternative land is a welcome measure.

Sub-clause 1 (d) should be amended so that the tenant may be

allowed to pay arrears in the next harvest, because the time speci­
fied is shorter. Six months is too short and there is generally only
one crop in Manipur. Some suitable amendments also should be
made where-by eviction may not be started during the currency
of a lease on the ground of personal cultivation. The passing of the
Land Reforms Act in W. Bengal syncronised with the landlords’
drive for mass eviction of share croppers and lease holders. In
theory, ceiling is fixed for disposal of holdings but in practice ceil­
ing is fixed for eviction and expropriation of the peasantry.

So, special care should be taken in the distribution of surplus land

and reclamation of cultivable waste land. Clauses 14, 15 and 141 pro­
vide for allotment of lands and distribution of excess land. Priori­
ties should be fixed for distribution of such lands. Those who have
been evicted as a result of personal resumption should be given
priority. Those who have been holding less than a basic holding and
landless agriculturists should equally have the next chance. The
case' of those who have been in occupation of the land for the past
twelve years or so should be given lands in suitable cases.

Lastly, the question of assessment of land revenue and revenue

survey should be examined properly. Clauses 27 and 32 provide for
assistance in revenue survey and determination of revenue rates.
When cost of survey is recovered from the landowner, a specific
amount should be fixed to avoid any arbitrary assessment. The
principle laid down in clause 32 for determination of revenue rates of
agriculture land and non-agricultural lands is quite inadequate. The
present rate is Rs. 9 per 2'5 acres of agricultural land. If as a result
 XV

of fresh assessment, the rate is too high, the peasantry will be hard
hit. Here al6o a maximum rate should be fixed per pari of land.
Otherwise, ^t the present depressed rate of agricultural produce in
Manipur, agriculture is profitless and the paying capacity of the
peasants does not warrant any rise in the rates of land revenue. I
also strongly feel that land revenue should not make agriculture
profitless. Those who own less than 2 acres of agricultural lands
in Manipur should be completely exempted from payment of any
land revenue. Necessary amendments have to be incorporated in
order to provide for the above points.

N e w D e l h i; L. ACHAW SINGH.
Dated the 7th February, 1960.

m
In general, I agree with the Bill as amended in the Joint Com*
mittee. But certain amendments made by the Joint Committee and
some original provisions of the Bill—which the Committee approved,
due to our honest opinion—does not serve the interest of the poorer
section of the peasantry of Manipur.

In clause 106(3), we would have liked to amend it as follows:—

Any transfer made on or after the 1st January, 1952 shall be
disregarded in computing the permissible limit. Because, there has
been much transfer of land since this period, we wanted to provide
the retrospective effect from the 1st January, 1952.

The Committee have incorporated a proviso at the end of sec­

tion 130, which intend to transfer the ownership of lands which are
declared non-resumable to the tenants, with effect from the date
of such declaration, and thereby make the tenants owner of such
land, who shall be liable to pay land revenue to the Government.
But, the amended proviso has negated the effect of this section. It
denies the right of certain category of tenants to become the owner
of the declared non-resumable land for a period of five years, this
proviso definitely goes against the interest of the tenants under
raiyats. I oppose this.

Besides these, there are some other points which I do not agree
with. Therefore, I retain my right of moving amendments in the
House.
N e w D e l h i; DASARATHA DEB
Dated the 7th February, 1960.
1697(B) LS—3.
 THE MANIPUR LAND REVENUE AND LAND
REFORMS BILL, 1959
. [A s R e p o r te d b y t h e J o in t C o m m it t e e ]

ARRANGEMENT OF CLAUSES

PART I

C hapter I.— P r e l im in a r y

C lauses

1 Short title, extent and commencement.

2 Definitions.

PART II
C h a p te r II.— R ev en u e d iv is io n s , re v e n u e o f f i c e r s and t h e ir
« , a p p o in tm e n t

3 Power to create, alter or abolish districts, sub-divisions, etc.

4 Appointment of Revenue Officers.
5 Collector and certain other revenue officers.
6 Settlement officers.
7 Subordination of revenue officers.
8 Combination of offices.
9 Notification of appointments.
10 Seals.
C hapter III.—L and and land revenue

11 Title of Government to lands, etc.

12. Right to trees, forests, etc.
13 Assignment of land for special purposes.
14 Allotment of land.
15 Unauthorised occupation of land.
16 Liability of land to land revenue.
17 Alluvial lands.
18 Land revenue in case of diluvion.
19 Assessment of land to land revenue
20 Diversion of land.
1728 (B ) L S — 1.
 •#
11

C lau se s
21 Remission or suspension of revenue on failure of crops.
22 Responsibility for payment of land revenue.
23 Receipt for land revenue.
C h apter IV.—S u rvey and s e ttle m e n t of land revenue

24 Definitions of “revenue survey”, “settlement” and “term of

settlement”.
25 Inquiry into profits of agriculture.
26 Revenue survey.
27 Power to require assistance from landholders.
28 Survey numbers and villages.
29 Division of survey numbers into sub-divisions.
30 Determination of revenue-rates.
31 Preparation of statistical and fiscal records.
32 Revenue-rates how determined.
33 Publication of table of revenue-rates.
34 Confirmation of the table of revenue-rates.
35 Rates of revenue to form part of settlement register.
36 Introduction of revenue-rates.
37 Duration of revenue-rates.
38 Assessment on holdings.
39 Additional assessment for water advantages.
40 Continuance of survey operations and rates in force at
commencement of Act.
41 Power of deputy commissioner to correct errors, etc.

C hapter V.—L and records

42 Preparation of record of rights.

43 Publication of the records of rights. *
44 Jurisdiction of civil courts.
45 Correction of bona fide mistake in register.
46 Register of mutations.
47 Penalty for neglect to furnish information.
48 Assistance in preparation of maps.
49 Certified copies.
50 Maps and other records open to inspection.
51 Power to transfer duty of maintaining maps and records to
Settlement Officer.
 iii

C lauses
C hapter VI.— B oundaries and boundary m a r k s

52 Determination of village boundaries.

53 Effect of settlement of boundary.
54 Construction and repair of boundary marks.
55 Description of boundary marks.
56 Responsibility for maintaining boundary marks.
57 Deputy commissioner to have charge of boundary marks.
58 Penalty for injuring boundary marks.

C hapter VII.— R ea lisatio n of land revenue and other public

DEMANDS

59 Land revenue to be first charge.

60 Payment of land revenue.
61 Arrear of land revenue.
62 Recovery of arrears.
63 Notice of demand.
64 Distraint and sale of movable property.
65 Sale of immovable property.
66 Notice of sale.
67 Sale to be by auction.
68 Prohibition to bid at auction.
69 Sale of perishables.
70 Sales not to be excessive.
71 Deposit by purchaser of immovable property.
72 Failure to make deposit.
73 Setting aside sale. ,
74 Confirmation of sale.
75 Refunds.
76 Certificate of purchase.
77 Application of proceeds of sale.
78 Liability of certified purchaser.
79 Precautionary measures in certain cases.
80 Recovery of other public demands.
 iv

C lauses
C h a p te r VIII.—P r o c e d u r e o f re v e n u e o f f i c e r s : A p p e a ls an d
revisions

81 Revenue officers to be courts.

82 Place of hearing.
83 Power to enter upon and survey land.
84 Power to transfer cases.
85 Power to take evidence, summon witnesses, etc.
86 Compelling attendance of witnesses.
87 Hearing in absence of party.
88 Adjournment of hearing.
89 Power to order payment of costs.
90 Use of force.
91 Appearance before and applications ito revenue officers.
92 Correction of error or omission.
93 Appeals.
94 Limitation of appeals.
95 Revision.
96 Review of orders.
97 Stay of execution of orders.
98 Power to‘make rules.
PART III
C hapter IX.—R ights of land o w n e r s

99 Accrual of rights of land owners.

100 Rights of land owner.
101 Reservation of land for personal cultivation.
102 Procedure for reservation of land.
103 “Permissible limit” defined.
104 Land deemed to be reserved for personal cultivation in
certain cases.
105 Non-resumable land.
106 Right to lease.
107 Land left uncultivated.
108 Relinquishment.
C hapter X.—R ights of ten an ts

109 Interest of tenants.

110 Right to create a mortgage or charge.
 V

Clauses
111 Right to make improvements.
112 Maximum rent.
113 Payment of rent.
114 Reasonable rent.
115 Commutation of rent payable in kind.
116 Receipt for payment of rent.
117 Refund of rent recovered in excess.
118 Suspension or remission of rent.
119 Eviction of tenant.
120 Restoration of possession of land to tenant.
121 Certain lands to be non-resumable land of tenant.
122 Compensation for improvements.
123 Tenant may remove buildings works, etc., not deemed
improvements.
124 Restoration of possession of land in certain other cases*
125 Relief against termination of tenancy for act of waste.
126 Surrender of land by tenant.
127 Transfer of ownership of land to tenant.
128 Compensation to land owner.
129. Payment of compensation to land owner.
130 Tenant to pay compensation amount.
131 Issue of certificate to tenants.
132 First option to purchase.
133 Power to make rules.

PART IV

C hapter XI— C eiling on land holdings

134 Exemption.
135 Definitions.
136 Ceiling on holdings.
137 Submission of returns.
138 Collection of information through other agency.
139 Procedure for determination of excess land.
140 Selection of excess land in cases of certain transfers.
141 Excess land to vest in Government.
142 Publication of the final list and consequences thereof.
 vi
m
C lauses

143 Compensation.
144 Manner of payment of compensation.
145 Limit of future acquisition of land.
146 Excess land not to be surrendered in certain cases.
147 Power of deputy commissioner to take possession of excess
land.
148 Offences and penalties.
149 Finality of orders.
150 Power to exempt, etc.
/
C hapter X I I .— P revention of f r a g m e n t a t io n

151 Definitions.
162 Restrictions on transfer, etc.
153 Partition of holding.
154 Transfers in contravention of this Chapter.
155 Penalty.
156 Power to make rules.

PART V
C hapter X I I I .— G eneral and m isc e l la n e o u s

157 Recovery of amounts due as an arrear of land revenue.

158 Special provision regarding Scheduled Tribes.
159 Jurisdiction of civil courts excluded.
160 Act to over-ride contract and other laws.
161 Court-fees.
162 Village officers to be public servants.
163 Power to exempt.
164 General provision as to penalties.
165 Protection of action taken in good faith.
166 Delegation of powers.
167 Power to remove difficulties.
168 General power to make rules.
169 Laying of rules before Parliament.
170 Repeal and savings.
THE SCHEDULE
 Bill N o. 95- iB o f 1959.
THE MANIPUR LAND REVENUE AND LAND
REFORMS BILL, 1959
(AS REPORTED BY JOINT COMMITTEE)
(Words side-lined or underlined indicate amendments suggested by
the Committee; asterisks indicate omissions.)
A
BILL
to consolidate and amend the law relating to land revenue in the
Union territory of Manipur and to provide for certain measures
of land reform.

B e it enacted by Parliament in the Eleventh Year of the Republic

of India as follows:— —— —
PART I
C hapter I.—P r e l im in a r y

5 1- (I) This Act may be called the Manipur Land Revenue and short title
Land Reforms Act, 1960. extent and’
commence*
(2) It extends to the whole of the Union territory of Manipur. ment*
(3) It shall come into force pn such date as the Administrator
may, by notification in the Official Gazette, appoint; and different
10 dates may be appointed for different areas and for different provi­
sions of this Act.

2. In this Act, unless the context otherwise requires,— Definitions.

(a) “Administrator” means the Administrator of the Union
territory of Manipur;
(b) “agriculture” includes horticulture, the raising of annual
15
or periodical crops or garden produce, dairy farming, poultry
farming, stock breeding and grazing and pisciculture;
(c) “basic holding” means land used for agricultural pur­
poses which is equal to 2-5 acres in area;
 2

(d) “commencement of this Act”, in relation to any provi­

sion, means the date specified in respect of that provision in a
notification under sub-section (3) of section 1; ,
(e) “competent authority”, in relation to any provision,
means any officer appointed by the Administrator to be the com- 5
petent authority for the purposes of that provision;
(f) “deputy commissioner” means the deputy commissioner
of the district and includes any officer appointed by the Adminis­
trator to exercise and perform all or any of the powers and
functions of a deputy commissioner under this Act; 10
(g) “family”, except in Chapter XI, means, in relation to a
person, the wife or husband of such person, his children, grand­
children, parents and brothers, and in the case of: a joint Minclu
family, any member of such family;
(h) “family holding” means land used for agricultural pur- J5
poses which is equal to 7 ’ 5 acres in area;
(i) “Government” means the Central Government;
(j) “holding” means a parcel of land separately assessed to
land revenue;
(k) “improvement”, in relation to any land, means any work 20
which materially adds to the value of the land and which is
suitable to the land and consistent with the character thereof, and
includes—
(i) thie construction of tanks, wells, water channels and
other works for the storage, supply and distribution of water 25
for agricultural purposes or for the use of man and cattle
employed in agriculture;
(ii) the construction of works for the drainage of land
or for the protection of land from floods or from erosion or
from other damage by water; 30
(iii) the preparation of land for irrigation;
(iv) the conversion of one-crop into two-crop land;
(v) the reclaiming, clearing, enclosing, levelling or
terracing of land used for agricultural purposes;
(vi) the erection on land or in the immediate vicinity 35
thereof otherwise than on the village site, of a building or
house for the occupation of the tenant, his family and ser­
vants or of a cattle shed, a storehouse or other construction
for agricultural purposes or of any building required for
the convenient or profitable use or occupation of the land; 40
and
 3
(vii) the renewal or reconstruction of any of the fore­
going works or such alterations therein or additions thereto
as are not of the nature of ordinary repaiis;
(I) “land owner”, in relation to any land, means a person
5 who acquires rights of ownership in respect of such land under
sub-section (1) of section 99 and includes the successors-in-
interest of such person;
(m) “minor” means a person who is deemed not to have
9 of 1875. attained majority under the Indian Majority Act, 1875;
I0 (n) “Official Gazette” means the Manipur Gazette;
(o) “pay”, “payable”, and “payment”, used with reference
to rent, include “deliver”, “deliverable” and "delivery”;
(p) “person under disability” means—
(i) a widow;
^ (ii) a minor;
(iii) a woman who is unmarried or who, if married, is
divorced or judicially separated from her husband or whose
husband is a person falling under (iv) or (v) ;
(iv) a member of the Armed Forces of the Union;
2o (v) a person incapable of cultivation by reason of phy­
sical or mental disability;
(q) “personal cultivation” with its grammatical variations
and cognate expressions means cultivation by a person on his
own account—
25 (i) by his own labour, or |
(ii) by the labour of any member of his family, or
(iii) by servants or by hired labour on wages payable
in cash or in kind but not as a share of produce under his
personal supervision or the personal supervision of any mem-
30 ber of his family; |
Explanation I.— Land shall not be deemed to be cultivated
under the personal supervision of a person unless such person or
member resides in the village in which the land is situated or in
a nearby village, within a distance to be prescribed, during the
35 major part of the agricultural season;
Explanation II.— In the case of a person under disability,
supervision by a paid employee on behalf of such person shall
be deemed to be personal supervision;
(r) “prescribed” means prescribed by rules made under this
40 Act;
*7a8(B) L . S.-2
 4

(s) “public purpose” includes a purpose connected with

settlement of land with cultivators, tenants ejected as a result
of resumption, land-less agricultural workers or co-operative
farming societies;
(0 “rent” means whatever is lawfully payable, in cash or 5
in kind or partly in cash and partly in kind, whether as a fixed
quantity of produce or as a share of the produce, on account of
the use or occupation of land or on account of any right in land
but shall not include land revenue; |
(u) “tenant” means a parson who cultivates or holds the land io
of another person under an agreement, express or implied, on
condition of paying therefor rent in cash or in kind or delivering a
share of the produce and includes a person who cultivates or holds
land of another person on payment of ‘lousaV or under the
system generally known as ‘bhag’, ‘adhi’ or ‘ barga’ ;
(u) “village” means any tract of land which before the
commencement of this Act was recognised as or was declared to
be a village under any law for the time being in force or which
may after such commencement be recognised as a village at
any settlement or which the Administrator may, by notification 20
in the Official Gazette, declare to be a village;
(w) “year” means the agricultural year commencing on such
date as the Administrator may, in the case of any specified area,
by notification in the Official Gazette, appoint.

PART II 25
C hapter II.— R e v e n u e d iv is io n s , r e v e n u e o f f ic e r s a n d t h e ir
a p p o in t m e n t

Power to 3. ( 1) The Administrator may, with the previous concurrence of

o7 *te»b5 uh Government, by notification in the Official Gazette, divide the
dinricts, Union territory of Manipur into one or more districts, and may simi- 3°
•{on^etc. lariy divide any district into sub-divisions and tehsils, and may
alter the limits of, or abolish, any district, sub-division or tehsil.
(2) The districts, sub-divisions and tehsils existing at the com­
mencement of this Act shall continue respectively to be the districts,
sub-divisions and tehsils under this Act unless otherwise provided 35
under sub-section (1).
appointment 4. The Government or such officer as may be authorised by the
*fficSfcDUe Government in this behalf, may appoint the following classes of
revenue officers, namely:—
4o
(a) deputy commissioner;
 s
(b) additional deputy commissioner;
(c) director of settlement and land records;
(d) sub-divisional officers;
(e) extra-assistant commissioners;
5 (/) survey and settlement officers;
(g) assistant survey and settlement officers;
(h) sub-deputy collectors;
(i) revenue inspectors;
(j) amins;
io (fc) such other village officers and servants as may be spe­
cified by rules made under this Act.
5. (1) Each district shall be placed under the charge of a deputy Deputy
commissioner who shall be in charge of the revenue administration sionerand
of the district and exercise the powers and discharge the duties of cerMin other
15 the deputy commissioner under this Act or any other law for the officer!!
time being in force and shall exercise so far as is consistent there­
with such other powers of superintendence and control within the
district and over the officers subordinate to him as may from time
to time be prescribed.
20 (2) The additional deputy commissioner shall exercise all such
powers and perform all such duties of the deputy commissioner or
other revenue officer as the Administrator may specify by notification
in the Official Gazette.
25 (3) Each sub-division shall be placed under the charge of a sub-
divisional officer.
(4) The extra-assistant commissioners shall exercise all such
powers and perform all such duties of the deputy commissioner or
other revenue officer as the Administrator may specify by notifica­
tion in the Official Gazette.
3° (5) Each tehsil shall be placed under the charge of a sub-deputy
collector.
(6) The duties and powers of the sub-divisional officers, the sub­
deputy collectors and other revenue officers shall be such as may be
imposed or conferred on them by or under this Act or any other law
35 in force for the time being or any general or special order of the
•Administrator published in the Official Gazette.
6. The officers specified in items (c), (/) and (g) of section 4 shall ^ j f r<
Jient
have power to take cognizance of all matters connected with the sur- '
vey of land and the settlement of revenue rates and the prepara-
4° tion and maintenance of land records and other registers and shall
 6

exercise all such powers and perform all such duties as may be pres­
cribed by any general or special order of the Administrator publish­
ed in the Official Gazette.

Subordina- 7. All revenue officers shall be subordinate to the Administrator

revenue ®n^ all revenue officers in the district or a sub-division shall be sub- 5
officers. ordinate to the deputy commissioner or the sub-divisional officer,
as the case may be.

Combination 8. It shall be lawful for the Administrator to appoint one and the
of offices. same person to any two or more of the offices provided for in this
Chapter, to make any appointment by virtue of office and also to jo
confer on any officer of the Government all or any of the powers and
duties of any of the revenue officers including the deputy commis­
sioner.
Notification 9, A ll appointments made under this Chapter except appointments
ments!0m °f revenue inspectors and village accountants and other village offi- 15
cers and servants shall be notified in the Official Gazette.

Seals. 10. The Administrator shall, from time to time, by notification in

the Official Gazette, specify the revenue officers who shall use a seal
and also the size and description of the seal which each such officer
shall use. 20

III.— L a n d a n d l a n d r e v e n u e
C h a p te r
Title of 1 1. (1) All lands, public roads, lanes and paths and bridges,
^Umds^etc. ditches, dikes and fences on or beside the same, the beds of rivers,
streams, nallahs, lakes and tanks, and all canals and water courses,
andi all standing and flowing water, and all rights in or over the 25
same or appertaining thereto, which are not the property of any per­
son, are and are hereby declared to be the property of the Govern­
ment.
(2) Unless it is otherwise expressly provided in the terms of a
grant made by the Government, the right to mines, minerals and 30
mineral products shall vest in the Government, and it shall have all
the powers necessary for the proper enjoyment of such rights.
(3) Where any property or any right in or over any property is
claimed by or on behalf of the Government or by any person as
against the Government and the claim is disputed, such dispute shall
be decided by the deputy commissioner whose order shall, subject 35
to the provisions of this Act, be final.
(f) Any person aggrieved by an order made under sub-section (3)
or in appeal or revision therefrom may institute a civil suit to con­
test the order within a period of six months from the date of such 40
 7

order, and the decision of the civil court shall be binding on the
parties. .

12. (1) The right to all trees, jungles or other natural products Right to
growing on land set apart for forest reserves and to all trees, brush foists, etCi
5 wood, jungle or other natural product, wherever growing, except in .
so far as the same may be the property of any person, vests in the
Government, and such trees, brush wood, jungle or other natural
product shall be preserved or disposed of in such manner as may be
prescribed, keeping in view the interests of the people in the area
10 with regard to the user of the natural products.

(2) A ll road-side trees which have been planted and reared by or

under the orders or at the expense of the Government and all trees
which have been planted and reared at the expense of local authori­
ties by the side of any road belonging to the Government vest in the
*5 Government. * •

13. Subject to rules made in this behalf under this Act, the de- Assignment
puty commissioner may set apart land belonging to the Government ^dafpur-
for pasturage for the village cattle, for forest reserves or for any poses,
other purpose.

2° 14. (1) The deputy commissioner may allot land belonging to the Allotment of
Government for agricultural purposes or for construction of dwelling land'
houses, in accordance with such rules as may be made in this behalf
under this Act; and such rules may provide for allotment of land to
persons evicted under section 15.

25 (2) The Administrator shall have power—

(a) to allot any such land for the purpose of an industry or

for any purpose of public utility on such conditions as may be
prescribed, or
(b) to entrust the management of any such land or any
30 rights therein to the Gram Panchayat of the village established
under any law for the time being in force.

15. (1) Any person who occupies or continues to occupy any land Unauthori-
belonging to Government without lawful authority shall be regarded oftand.
as a trespasser and may be summarily evicted therefrom by the com-
35 petent authority and any building or other construction erected or
anything deposited on such land, if not removed within such reason­
able time such authority may from time to time fix for the
 8

purpose, shall be liable to be forfeited to the Government and to be

disposed of in such manner as the competent authority may direct:
Provided that the competent authority may, in lieu of ordering
the forfeiture of any such building or other construction, order the
demolition of the whole or any part thereof. 5
(2) Such trespasser shall also be liable by way of penalty to pay
a sum which may extend to six times the annual assessment on such
land as may be specified by the competent authority and such sum
shall be recoverable in the same manner as an arrear of land revenue.
(3) Upon payment of the penalty referred to in sub-section io
(2), the trespasser shall have the right of tending, gathering and re­
moving any ungathered crops. ~
Liability of
land to land 16. (1) A ll lands, to whatever purpose applied, are liable to pay­
revenue.
ment of land revenue to the Government.
(2) The Administrator may exempt any land from the liability to *5
such payment by means of a special grant or contract or in accordance
with any law for the time being in force or the rules made under this
Act.
Alluvial 17. A ll alluvial lands, newly formed islands, or abandoned river
lands.
beds, which vest under any law for the time being in force in any 20
holder of land shall be subject in respect of liability to land revenue
to the same privileges, conditions and restrictions as are applicable
to the original holding by virtue of which such lands, islands or
river beds vest in the said holder, but no revenue shall be leviable
in respect of any such lands, islands or river beds unless the area 25
of the same exceeds one acre.
Land reve­
nue in case 18. Every holder of land paying land revenue in respect thereof
of diluvion.
shall be entitled, subject to such rules as may be made in this be­
half, to a decrease of assessment if any portion thereof, not being
less than one acre in extent, is lost by diluvion. 3°
Assessment 1#. ( 1) The assessment of land revenue on any land shall be
of land to
land reve­ made or deemed to have been made with respect to the use of the
nue.
land—
(a) for purposes of agriculture,
(b) for industrial or commercial purposes, 35
(c) as sites for dwelling houses, and
(d) for any other purpose.
(2) Where land assessed for use for any one purpose is diverted
to any other purpose, the land revenue payable upon such land
shall, n o tw it h s t a n d in g that the term for which the assessment may 40
have been fixed has not expired, be liable to be altered and assessed
at a different rate in accordance w it h the rules made under this Act.
 9

20. (1) If any person holding land for any purpose wishes to Diversion of
divert such land or any part thereof to any other purpose except tand*
Agriculture, he shall apply for permission to the competent authority
which may, subject to the provisions of this section and to the rules
5 made under this Act, refuse permission or grant it on such condi­
tions as it may think fit.
(2) Permission to divert may be refused by the competent autho­
rity only on the ground that the diversion is likely to cause a public
nuisance or that it is not in the interest of the general public or
io that the holder is unable or unwilling to comply with the conditions
that may be imposed under sub-section (3 ).

(3) Conditions may be imposed on diversion for the following

objects and no others, namely, in order to secure the public health,
safety and convenience, and in the case of land which is to be used
15 as building sites, in order to secure, in addition, that the dimensions,
arrangement and accessibility of the sites are adequate for the
health and convenience of occupiers or are suitable to the locality.

(4 ) If any land has been diverted without permission by the

holder or by any other person with or without the consent of the
holder, the competent authority, on receiving information thereof,
20 may impose on the person responsible for the diversion a penalty
not exceeding one hundred rupees, and may proceed in accordance
with the provisions of sub-section (1) as if an application for per­
mission to divert had been made.

(5) If any land has been diverted in contravention of an order

passed or of a condition imposed under any of the foregoing sub­
sections, the competent authority may serve a notice on the person
responsible for such contravention, directing him, within a reason­
able period to be stated in the notice, to use the land for its original
30 purpose or to observe the condition; and such notice may require
such person to remove any structure, to fill up any excavation, or
to take such other steps as may be required in order that the land
may be used for its original purpose, or that the condition may be
satisfied. The competent authority may also impose on such per-
35 son a penalty not exceeding one hundred rupees for such contra­
vention, and a further penalty not exceeding four rupees for each
day during which such contravention continues.

Explanation.— "Diversion” in this section means using land assess­

ed to one purpose for any other purpose, but using land for the pur-
40 pose of agriculturewhere it is assessed with reference to any other
purpose shall not be deemed to be diversion.
 10

Remission or 21. The Administrator may, in accordance with the rules made in
suspension . » . 1• * .
of revenue tms behalf under this Act, grant a remission or suspension of land
crops.1*116 °f revenue in y ears in which crops have failed in any area.

Uty'for^pay- ^ following persons shall be primarily liable for the

ment of land payment of land revenue assessed on land, namely:—
revenue. ’ ' ^
(a) the person to whom the land belongs; and

(b) the tenant or any other person * * * in pos

of the land, provided that such tenant or other person shall be
entitled to credit from the owner of the land, for the amount
paid by him. io

(2) Where there are two or more persons liable to pay land
revenue under sub-section (1), all of them shall be jointly and
severally liable for its payment.

Receipt for 23. Every revenue officer receiving payment of land revenue
land reve- shall, at the time when such payment is received by him, give a 15
* written receipt for the same.

C hapter IV.—S urvey and settlement of land revenue

Definitions 24- °Perati°ns carried out in accordance with the provisions

of “ revenue 0f this Chapter in order to determine or revise the land revenue
“ settlement” payable on lands in any local area are called a “revenue survey”, 2o
settlement results of the operations are called a “settlement” and the period
‘ ’ during which such results are to be in force is called the “term of
settlement”.

Inquiry into 25. 0 ) As soon as may be after the commencement of this Act,
profits of Administrator shall take steps to institute and shall cause to be 25
agn ure. constantjy maintained, in accordance with the rules made under this
Act, an inquiry into the profits of agriculture and into the value of
land used for agricultural and non-agricultural purposes.
(2) For the purpose of determining the profits of agriculture, the
following matters shall be taken into account in estimating the cost 30
of cultivation, namely:—
(a) the depreciation of stock and buildings;
(b) the money equivalent of the labour and supervision by
the cultivator and his family;
(c) all other expenses usually incurred in the cultivation of 35
the land which is under inquiry; and
 14
(d) interest an the cost of buildings and stock, on all ex­
penditure for seed and manure and on the cost of agricultural
operations paid for in cash.

*6. Whenever the Administrator thinks it expedient so to do, he Revenue

5 m a y / 'iM r « g l'Sppri}VM'M"tHg 'eW ttiihW if, ttbtifffifcttofl in the
tW'Y^VdrfCte^'^Uft-ey of any local area with
a view to tl>e settlement of the land revenue and to the prepara-
tipn o.f 9 record of rights connected therewith or the revision of
m y «*is$ua,g settlement pr record of rignfs.
io 27. A survey officer deputed to conduct or take part in any reve- Power to
W e syryey ijiay. by special order or by general notice to be pub- tanc^rom
lished In the prescribed manner, require the attendance of holders landholders,
of lands to assist in the measurement or classification of the lands
to which the revenue survey extends and, when hired labour is em-
15 ployed for purposes incidental to the revenue survey, may assess and
apportion the cost thereof on the lands surveyed, for collection as
land revenue due on such lands.
88. Subject to the rules made in this behalf under this Act, the Survey num-
wmp bcrs and
survey officer may— villages.
20 (a) divide the lands to which the revenue survey extends
into survey numbers and group the survey numbers into vil­
lages; «nd
(b) recognise the existing survey numbers, reconstitute
them or form new survey numbers.

* * * *

25 29. *The survey officer may sub-divide survey numbers into Division of
as'many sub-divisions as may be required in the manner prescribed- “um*
sub­
* * * * * divisions.

30. The Administrator may at any time direct the determination pet»nmiia-
orTSe revision of the revenue rates for all lands in any area of w h i c h ^ £ t£ ve-
a revenue survey has been made.
30 91. It shall be the duty of the survey officer or the settlement preparation
ofJEer on the occasion of making or revising a settlement of land
-revenue -to prepare a register to be called the “settlement register", cords,
showing the area and assessment of.eacfr w rvey lumber, with fuiy
17*8(8) S.—3
 other particulars that may be prescribed, and other records in accord- -
ance with such orders as may from time to time be made in this behalf
by the Administrator.
Revenue- 32. For the purpose of determining the revenue-rates, the settle-
determinedT ment officer may divide any area into units and in forming such units, 5
he shell have regard to the physical features, agricultural and econo­
mic conditions and trade facilities and communications; and shall
then determine the revenue-rates for different classes of lands in each
such unit in the manner and according to the principles prescribed
and in particular, in the case of agricultural land, to the profits of 10
agriculture, to the consideration paid for leases, to the sale prices of
land and to the principal monies on mortgages and in the case of
non-agricultural tend, to the value of the land for the purpose for
which it is held.

Publication 33. (1) The settlement officer shall prepare a table of revenue *5
£ v S £ - °f TaiErin the Prescribed form and publish it in the prescribed manner
rates. for the prescribed period.
(2) Any person objecting to any entry in the table of revenue-
rates may present a petition in writing to the settlement officer with­
in the prescribed period and the settlement officer shall consider such 20
objections after giving <a hearing to the objector.

(3) The settlement officer shall submit the table of revenue-rates

to the Administrator together with a summary of objections, if any,
his decisions on such objections and a statement of the grounds in
support of his proposals. 25

Coafinnatioi 34 . m
The Administrator may confirm the table of revenue-rates
o f the table _ _
of revenue- submitted to him by the settlement officer with such modifications, if
any, as he may consider necessary.
(2) The table of revenue-rates confirmed under sub-section ( 2)
shall be finally published in the Official Gazette. 30

Rates of 35. The table of revenue-rates published under section 34 shall

formpart°of belncorporated in and form part of the settlement registeTof the
355“* villa8e-
Introduction 36. When the revenue-rates * * are determined under this Chapter
iS T * - in"respect of any area, such rates shall take effect from the beginning 35
of the year next after the date of final publication of the table of
revenue-rates under section 34.
 " 13
37. (2) When the table of revenue-rates for any area has been 01
finally published, the rates specified therein shall remain in force for rates,
a period of thirty years.

(2) Notwithstanding anything contained in sub-section (1),—

5 (a) revenue-rates may be altered or revised in any year after

the expiry of every ten years from the date on which the table
, of revenue-rates was introduced, in such manner and to such
• extent as may be prescribed;

(b) when the circumstances of a local area are such that a

fresh determination of the revenue-rates * * is in the opinion of
the Administrator inexpedient, he may extend the term of
settlement by such further period as he may think necessary.

38. (I) The settlement officer shall calculate the assessment on Aasemnent
o n holdingv.
each holding in accordance with the revenue-rates confirmed and
finally published under section 34 and such assessment shall be the
fair assessment.

(2) The settlement officer shall have the power to make fair
assessment on all lands whatsoever to which the revenue survey
extends, whether such lands are held with liability to pay full land
20 revalue or land revenue at concessional rates or are held revenue-
free. ■■

(3) The fair assessment of all lands shall be calculated in accord­

ance with rules made in this behalf and having regard to the
following principles, namely:—

25 (a) no regard shall be had to any claim to hold land on

privileged terms;

' (b) regard shall be had in the case of agricultural land to

the profits of agriculture, to the consideration paid for leases, to
the sale prices of land and to the principal monies on mortgages,
3o and in the case of non-agricultural land, to the value of the land
for the purpose for which it is held;

(c) where any improvement has been effected at any time

in any holding held for the purpose of agriculture by or at the
expense of the holder thereof, the fair assessment of such holding
35 shall be fixed as if the improvement had not been made.
 14

•MeMmeri Notwithstanding anything contained in this Chapter, the

for water Administrator may direct that any land in respect of which the rate
advantages. revenue has been determined shall be liable to be assessed to
additional land revenue during the term of the settlement for addi­
tional advantages accruing to it from water received on account of
irrigation works or improvements in existing irrigation works
completed after the table of revenue-rates came into force and not
effected by or at the expense of the holder of the land.

Continuance 40. Notwithstanding anything contained in this Chapter, all

operations survey operations commenced under any law for the time being in 10
and rates in force and continuing at the commencement of this Act shall be
lorce at com- , , , , . <■ «
mcnccmcQt deemed to have been commenced and to be continuing under the
of Act. provisions of this Chapter, and all revenue-rates * * in force at such
commencement shall be deemed to have been determined and intro­
duced in accordance with the provisions of this Chapter and shall *5
remain in force until the introduction of revised revenue-rates; and
such revised revenue-rates may be introduced at any time, notwith­
standing anything contained in section 37.

Power of 41. (2) The powers and diuties exercisable by the officers ref erred
deputy
commis­ to in section 6 may also be exercised, during the term of settlement, 20
sioner to
correct by the deputy commissioner or such other revalue officer as may be
errors, etc. specified by the Administrator for the purpose by notification in
the Official Gazette.

(2) The deputy commissioner may at any time during the term
of settlement correct any error in the area or the assessment of any 25
survey number or sub-division due to a mistake erf survey or arith­
metical miscalculation:

Provided that no arrear of land revenue shall become pay­

able by reason of such correction.

C h a p t e r V .— L a n d records

Preparation 42. It shall be the duty of the survey officer to prepare a record
rights? ” 1 °f of rights for each village showing the area of each survey number
and other particulars and any other record or register, in accordance
with the rules made under this Act.

Publication 43. (2) When a record of rights has been prepared, the survey 35
of rightsT*” 1 °*®cer shall publish a draft of the record in such manner and for such
period as may be prescribed and shall receive and consider any
 IS
objections which may be made to any entry therein or to any omis-
stoat therefrom during the period of such publication. '

(2) When all objections have been considered and disposed of in

accordance with the rules made in this behalf, the survey officer shall
5 cause the record to be finally published in the prescribed manner.

(3) Every entry in the record of rights as finally published shall,

until the contrary is proved, be presumed, to be correct.

44. The civil courts shall have jurisdiction to decide any dispute Jurisdiction
mmv of civil
to which the Government is not a party relating to any right or entry courts.
10 which is recorded in the record of rights.

45. The survey officer may, on application made to him in this Correction of
behalf or on his own motion, within one year from the date of final mistake in
publication of the record of rights, correct any entry in such record re*lstcn
which he is satisfied has been made owing to a bona fide mistake.

*5 46. ( 1) There shall be maintained for every village a register of

mutations in such form and in such manner as may be prescribed.

(2) Any person acquiring by succession, survivorshipi, inheritance,

partition, purchase, mortgage, gift or otherwise any right in land or,
where such person acquiring the right is a minor or otherwise dis-
20 qualified, his guardian or other person having charge of his property,
shall report his acquisition of such right to the competent authority
within three months from the date of such acquisition and such
authority shall give at once a written acknowledgement in the pres­
cribed form for such report to the person making it.

*5 (3) The competent authority shall enter the substance of every

report made to it under sub-section (2) in the register of mutations
and also make an entry therein respecting the acquisition of any
right of the kind mentioned in sub-section (2) which it has reason
to believe to have taken place and of which a report has not been
3° made under the said sub-section and, at the same time, shall post up
a complete copy at the entry in a conspicuous place m the village and
shall give written intimation to all persons appearing from the record
of rights or the register of mutations to be interested in the mutations
and to any other person whom it has reason to believe to be interest-
35 ed therein.

(4) Should any objection to any entry made under sub-section

(3) in the register of mutations be made either orally or in writing to
 16
the competent authority, the particulars shall be entered in the regis­
ter of disputed cases and shall at once give a written acknowledge*
ment in the prescribed form for the objection to the person making it.
(5) The objections made under sub-section (4) shall be decided on
the basis of possession by the competent authority and orders dis- 5
posing of objections entered in the register of disputed cases shall
be recorded in the register of mutations by the competent authority.

(6) After the entries in the register of mutations have been tested
and found correct, the entries shall be transferred to the record of
rights and shall be certified by such officer as may be prescribed in
this behalf.

Penalty for 47. The deputy commissioner may, if he is of opinion that any
neglect to
furnish person has wilfully neglected to make the report required by sec­
information. tion 46 within the prescribed! period, impose on such person a
penalty not exceeding twenty-five rupees. ^
Assistance 48. Subject to the rules made under this Act,—
in prepara­
tion of maps.
(a) any revenue officer may, for the purpose of preparing or
revising any map or plan required for or in connection with any
record or register under this Chapter, exercise any of the powers
of the survey officer under section 27 except the power of asses- *0
sing the cost of hired labour; and
(b) any revenue officer not below the rank of ♦sub-divi­
sional officer may assess the cost of the preparation or revision of
such maps or plans and all expenses incidental thereto and such
costs and expenses shall be recoverable in the same manner as 25
an arrear of land revenue.
Certified 49. Certified copies of entries in the record of rights may be
copies.
granted by such officers and on payment of such fee as may be pres­
cribed.
Maps and 50. Subject to such rules and on payment of such tees, if any, as 3°
other records
open to in­ may be prescribed, all maps and land records shall be open to inspec­
spection. tion by the public during office hours, and certified extracts there­
from or certified copies thereof may be given to all persons applying
for the same.

Power to 51. When a local area is under settlement, the duty of maintaining 35
transfer duty
of maintain­ the maps and records may, under the orders of the Administrator, be
ing maps and transferred from the deputy commissioner to the settlement officer.
records to
settlement
officer.
 17
C h a p t e r V I .— B o u n d a r ie s an d boundary m ark^

52. The boundaries of villages, survey numbers, sub-divisions and o eter mine­
fields shall be fixed and all disputes relating thereto shall be deter- °f0unl
mined by survey officers or by such other officers as may be appoint- daries.
S ed by the Administrator for the purpose, in accordance with the
rules made in this behalf.

53. (1) The settlement of a boundary under this Chapter shall Effect of
, settlement
be determinative— of boundary.

(a) of the proper position of the boundary line or boundary

io marks, and ,
(b) of the rights of the landholders on either side of the
boundary fixed in respect of the land adjudged to appertain,
or not to appertain, to their respective holdings.
(2)Where a boundary has been so fixed, the deputy commis-
15 sioner may at any time summarily evict any landholder who is
wrongfully in possession of any land which has been adjudged in
the settlement of a boundary not to appertain to his holding or to
the holding of any person through or under whom he claims.

54. It shall be lawful for any survey officer authorised in this construction
20 behalf to specify or cause to be constructed, laid out, maintained or bo^dary1 **
repaired, boundary marks of villages or survey numbers or sub- marks,
divisions and to assess all charges incurred thereby on the holders
or others having an interest therein.
55. The boundary marks shall be of such description and shall D c 8C rip tjo n
25 be constructed, laid out, maintained or repaired in such manner of boundary
and shall be of such dimensions and materials as may, subject to mar
rules made under this Act, be determined by the deputy commis­
sioner or other officer appointed for the purpose.

56. Every landholder shall be responsible for the maintenance Re8pon8j_

30 and good repair of the boundary marks of his holding andi for any
charge reasonably incurred on account of the same by the revenue boundary
officers in case of alteration, removal or disrepair. It shall be the marks-
duty of the village officers and servants to prevent the destruction
or unauthorised alteration of the village boundary marks.

35 57. After the introduction of survey and settlement in a district, Deputy

thTcharge of the boundary marks shall devolve on the deputy com­
missioner, and it shall be his duty to take measures for their construc- have charge
tion, laying out, maintenance and repair. ^ | imdary
 is
Penalty for 58. Any person wilfully erasing, removing or injuring a boundary
injuring
boundary marlt shall be liable to such penalty not exceeding fifty rupees as
the competent authority may impose.
C h a p te r VII.—R e a lisa tio n of la n d r e v e n u e a n d o t h e r
p u b lic d e m a n d s 5

Land re­ 59. Land revenue assessed) on any land shall be the first charge
venue to be
first charge. on that land and on the crops, rents and profits thereof.

Payment of 60. Land revenue shall be payable at such times, in such install
land re­
venue. ments, to such persons, and at such places, as may be prescribed.

Arrear of 61. (1) Any instalment of land revenue or part thereof which is
land
revenue. not paid on the due date shall become an arrear of land revenue
and the persons responsible for the payment become defaulters.
(2) A statement of account certified by the sub-deputy collec­
tor shall, lor the purpose of this Chapter, be conclusive evidence of
the existence of the arrear, of its amount and of the person who is ^
the defaulter: I
Provided that nothing in this sub-section shall prejudice the
right of such person to make payment under protest and to question
the correctness of the account in separate proceedings before the
competent authority. • 20

Recovery of 62. An arrear of land revenue may be recovered by any one or

arrears. more of the following processes, namely: —
(a) by serving a written notice of demand on the defaulter;
(b) by distraint and sale of the defaulter’s movable pro­
perty, including the produce of the land; .
(c) by the attachment and sale of the defaulter’s linamov-
able property.

Notice of 63. The form and contents o f the notice of demand and the officers
demand.
by whom such notices shall fee issued shall be such as may be pros­
cribed. , 30

Distraint 64. (1) The distraint and sale of the movable property of a
and sale of
movable defaulter shall be made by such officers or class of officers, in such
property. manner and in accordance with such procedure, as may be prescribed.
(2) Nothing in sub-section (1) shall be deemed to authorise the
distraint or sale of any property .which, under the Code of Civil 35
Procedure, 1908, is exempt from attachment or •sale in -execution of 5 of 1908.
a decree or of any article set aside exclusively for religious use.
 19
65. (1) When the deputy commissioner is of opinion that the Safe of
mmmm m immovable
processes referred to in clauses (a) and (b) of section 62 are not property,
sufficient for the recovery of an arrear, he may, in addition to or in­
stead of any of those processes, cause the land in respect of which
5 such arrear is due to be attached and sold in the prescribed manner.
(2) The deputy commissioner may also cause the right, title
and interest of the defaulter in any other immovable property to be
similarly attached and sold.
66 . (I) Before effecting the sale of any land or other immovable Notice of
10 property under the provisions of this Chapter, the deputy commis- *•**•
. sioner or other officer empowered in this behalf shall issue such
notices and proclamations, in such form, in such manner and con­
taining such particulars, as may be prescribed; the notices and pro­
clamations shall also be published in such manner as may be pres­
cribed.
(2) A copy of every notice or proclamation issued under sub-sec­
tion (1) shall be served on the defaulter.
67. All sales of property, movable or immovable, under this Sale to be
Cliapter shall be by public auction held in accordance with such by #uction'
20 rules as may be prescribed. '
68. No officer having any duty to perform in connection with any Prohibition
■■■ tO D])UAt
sucn sale and no person employed by or subordinate to such officer auction,
shall, either directly or indirectly, bid for or acquire any property
except on behalf of the Government.
25 69. Perishable articles shall be sold by auction with the least pos-
sible” delay and such sale shall be finally concluded by the officer
conducting the sale.
70. Every sale of property, movable or immovable, under the Salet not to
_ be excessive*
provisions of this Chapter shall, as far as may be practicable, be pro-
30 portionate to the amount of the arrear of land revenue to be recover­
ed together with the interest thereon and the expenses of attachment
and sale.
71. In all cases of immovable property, the party who is declared DepojkJby
to Te the purchaser shall be required to deposit immediately 25 per of imiaov-
35 cent, of the amount of his bid, and the balance within fifteen days of
the date of sale. '
72. (I) In default of the payment of deposit referred to in sec- Failure to
tioiT^l, the property shall be put up for re-sale and the expenses
incurred in connection with the first sale shall be borne by the
40 defaulting bidder.
1728 (B ) LS— 4.
 20

(2) In default of payment of the balance of the bid amount with­

in the period prescribed in section 71, the deposit after defraying
therefrom the expenses of the sale shall be forfeited to the Govern­
ment and the property shall be re-sold.
(3) Where the proceeds of the re-sale are less than the price bid 5
by such defaulting purchaser, the difference shall also be recover­
able from him in the same manner as an arrear of land revenue.
Setting
•side sale. 73. Where immovable property has been sold under this Chapter,
the'cTefaulter, or any person owning such property or holding an
interest therein, may, at any time, within thirty days of the date of 10
sale or within such further period not exceeding thirty days as the
deputy commissioner may for sufficient cause allow, apply in the
prescribed manner to the deputy commissioner to have the sale set
aside—
(a) on the ground of some material irregularity or mistake 15
or fraud resulting in substantial loss or injury to him, or
(b) on his depositing in the deputy commissioner’s office
the amount of the arrear specified in the proclamation of sale,
the cost of the sale and for payment to the purchaser a sum
equal to five per cent, of the purchase money. 20
Confirma­ 74. If, on the expiration of 30 days from the date of sale of any
tion of tale,
immovable property or of the further period, if any, allowed under
section 73, no application has been made for setting aside tlie sale, or
if any such application has been made and rejected, the deputy com­
missioner shall make an order confirming the sale unless, for reasons 25
to be recorded, the deputy commissioner sets aside the sale notwith­
standing that no application therefor has been made.
Refunds. 75. (1) The deputy commissioner shall order the refund and
payment to the purchaser, of—
(a) the amounts deposited by him under section 71; and 30
(b) the sum equal to 5 per cent, of tlie purchase money depo-.
sited under clause (b) of section 73;
if the sale is not confirmed or is set aside.
(2) The deputy commissioner shall order the refund and pay­
ment of all the monies deposited under clause (b) of section 73 to 35
the person who made the deposit, if the sale is confirmed:
Provided that the deputy commissioner may set off the whole or
any part of any such monies against any arrear of land revenue or
any other amount recoverable as an arrear of land revenue, which
may be outstanding against the person who made the deposit.
Certificate 76. When a sale held under this Chapter is confirmed, the deputy
mi purchase.
Qommissioner shall put the person declared to be the purchaser in
 21
possession of the property and shall grant him a certificate in the
prescribed form to the effect that he has purchased the property
specified therein, and such certificate shall be deemed to be a valid
transfer of such property. :
5 77. The proceeds of the sale of any property under this Chapter Apriicattom
shall be applied in defraying the expenses of the sale which shall be of tale,
determined in the prescribed manner and the balance shall be
applied to the payment of the arrears on account of which the sale
was held and the surplus, if any, shall be paid to the person whose
IO property has been sold.
78. The person who has purchased any lend and to whom a certi- Liability of
ficate" of purchase has been granted shall not be liable for the land
revenue in respect of the land for any period prior to the date of the
sale.
15 79. When the crop of any land or any portion of the same is sold, Precaution-
mortgaged or otherwise disposed of, the deputy commissioner may,
if he thinks it necessary, prevent its being removed from the land ewe**
until the demand for the current year in respect of the said land is
paid, whether the date fixed for the payment of the same has arrived
20 or not-

80. The following monies may be recovered under this Act in the Recovery
same manner as an arrear of land revenue, namely:— jmbUc”
(a) rent, fees and royalties due to the Government for use or dcm*nd8*
25 occupation ©f land or water or any product of lands
(b) all monies falling due to the Government under any
grant, lease or contract which provides that they shall be re­
coverable as an arrear of land revenue;
(c) all sums declared by this Act or any other law for the
30 time being in force to be recoverable as an arrear of land revenue.

C hapter V III.— P rocedure of revenue officers : A ppeals and revi­

sio n s

81. (I) A revenue officer, while exercising power under this Act or
any"other law for the time being in force to inquire into or to decide officer* to
any question arising for determination between the Government and ** coum*
35 any person or between parties to any proceedings, shall be a revenue
court.
(2) Nothing in this Act shall be deemed to limit or otherwise
affect the inherent power of the revenue court to make such orders
as may be necessary for the ends of justice or to prevent the abuse
40 of the process of the revenue court.
 22

Place o f 82. Except for reasons to be recorded in writing, no revenue officei

hearing. shall inquire into or hear any case at any place outside the local limits
of his jurisdiction:

Provided that a sub-divisional officer may inquire into or hear

any case at the headquarters of the district to which he is appointed. 5
Fewer to 83. All revenue officers and persons acting under their orders may,
enter upon
and survey enter upon and survey any land and demarcate boundaries and do all
land.
other acts necessary for the purpose of discharging their duties under
this Act or any other law for the time being in force and in so doing,
shall cause no more damage than the circumstances of the case may jo
require. ,

Power to 84. (1) The Administrator may transfer any case or class of cases
transfer arising under this Act or any other law for the time being in force
cases.
from any revenue officer to any other revenue officer competent to
deal with it.
(2) The deputy commissioner or a sub-divisional officer may
transfer any case or class of cases arising under this Act or any other
law for the time being in force for inquiry or decision from his own
file or from the file of any revenue officer subordinate to him to the
file of any other revenue officer subordinate to him competent to deai 20
with such case or class of eases.
Power to 85. (2) Every revenue officer not lower in rank than a sub-deputy
take collector acting as a revenue court shall have power .to take evidence
evidence,
summon and to summon any person whose attendance he considers necessary,
witnesses, either as a party or as a witness or to produce any document, for the 25
etc.
purpose of any inquiry which such officer is legally empowered to
make; and all persons so summoned shall be bound to attend either
in person or by an authorised agent as such officer may direct, and to
produce such documents as may be required.
(2) Every summons shall be in writing, signed and sealed by the 30
officer issuing it and shall be in such form and be served in such
manner as may be prescribed.
86 . If any person on whom a summons to attend as witness or to
Compelling
attendance pro3 uce any document has been served fails to comply with the
o f witnesses,
summons, the officer by whom the summons has been issued under 35
section 85 may—
(a) issue a bailable warrant of arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding rupees twenty.
 23
87. (2) If, on the date fixed for hearing a case or proceeding, a Hearing in
revenue officer finds that a summons or notice was not served on any of
party due to the failure of the opposite party to pay the requisite
process fees for such service, the case or proceeding may be dismissed
5 for default of payment of such process fees.

(2) If any party to a case or proceeding before a revenue officer

does not appear on the date fixed for hearing, the case or proceeding
may be heard and determined in his absence or may be dismissed for
default.

10 (3) The party against whom any order is passed under sub-sec­
tion ( 2) or (2) may apply, within thirty days from the date of such
order, to have it set aside on the ground that he was prevented by
sufficient cause from paying the requisite process fees or from appear­
ing at the hearing; and the revenue officer may, after notice to the
15 opposite party and after making such inquiry as he considers
necessary, set aside the order passed.

88 . (2) A revenue officer may, from time to time, for reasons to Adjournment
be recorded, adjourn the hearing of a case or proceeding before him. of 1,eari,,*•

(2 ) The date and place of an adjourned hearing shall be intimated

20 at the time of the adjournment to such of the parties and witnesses
as are present.

89. A revenue officer may direct the parties to pay the cost incur- power to
red in any case before him and also apportion the cost among the
parties in such manner and to such extent as he may think fit. costs.

90. Where any order is passed under the provisions of this Act use of
25
directing any person to deliver possession of land or directing the for ce*
eviction of any person from land, such order shall be executed by
the competent authority in such manner as may be prescribed and
it shall be lawful for such authority, in accordance with rules to be
prescribed, to take such steps and use or cause to be used such force
as may be reasonably necessary for securing compliance with the
order. .

91. All appearances before, applications to and acts to be done Appearances

before, any revenue officer under this Act or any other law for the b«oreand
35 time being in force may be made or done by the parties themselves to roremie
or by their authorised agents or by any legal practitioner: officers.

Provided that any such appearance shall, if the revenue officer

so directs, be made by the party in person.
 24

Correction 92. Any revenue officer by whom an order was passed in e case
o f error or or proceeding may, either on his own motion or on the application
omission.
of a party, correct any error or omission not affecting a material part
of the case or proceeding, after such notice to the parties as he may
consider necessary. 5
Appeals. 93. (1) Save as otherwise expressly provided, an appeal shall lie
from every original order passed under this Act,—
(a) if such an order is passed by an officer subordinate to the
sub-divisional officer, to the sub-divisional officer;
(b) if such an order is passed by the sub-divisional officer, 10
to the deputy commissioner;
(c) if such an order is passed by the deputy commissioner,
to the Administrator; 1 •
(d) if such an order is passed by an assistant survey and
settlement officer, to the survey and settlement officer or to a 15
revenue officer notified by the Administrator in the Official
Gazette to be the appellate authority; and
(e) if such an order is passed by a survey and settlement offi­
cer, to the director of settlement and land records 01 to a revenue
officer notified by the Administrator in the Official Gazette to 20
be the appellate authority.
(2) A second appeal shall lie against any order passed in first
appeal,—
(a) if such an order is passed under clause (a) of sub-section
(1), to the deputy commissioner; 25
(b) if such an order is passed under clause (b) of sub­
section (1), to the Administrator;
(c) if such an order is passed under clause (d) of sub-sec­
tion (1), to the director of settlement and land records or to a
revenue officer notified by the Administrator in the Official 30
Gazette to be the second appellate authority; and
(d) if such an order is passed under clause (e) of sub-section
( 1), to the Administrator.
Limitaton
of appeals. 94. (1) No appeal shall lie,—
(a) in the case of a first appeal, after the expiry of thirty 35
days from the date of the order appealed against; and
(b) in the case of a second appeal, after the expiry of sixty
days from the date of the order appealed against.
 25
(2) In computing the above periods, the time required to obtain
copies of the order appealed against shall be excluded.

95. The Administrator or the deputy commissioner may, at <any Revision,

time) either on his own motion or on the application of any party, call
5 for the records of any proceedings before any revenue officer subordi­
nate to him for the purpose of satisfying himself as to the legality or
the propriety of any order passed by such revenue officer, and may
pass such order in reference thereto as he thinks fit:
Provided that he shall not vary or reverse any order affecting any
io right between private persons without having given to the parties
interested notice to appear and be heard.

96. ( 1) A revenue officer may, either on his own motion or on the Review of
■■■■ orders.
application of any party interested, review any order passed by him­
self or by any of his predecessors-in-offlce and pass such order in
*5 reference thereto as he thinks fit:
Provided that a revenue officer subordinate to the deputy com­
missioner shall, before reviewing any order under this section, obtain
the permission of the deputy commissioner and the deputy commis­
sioner shall, before reviewing an order passed by any of his predeces-
20 sors-in-office, obtain the permission of the Administrator.
(2) No order affecting any question of right between private per­
sons shall be reviewed except on the application of a party to the
proceedings or except after notice to the other party, and no applica­
tion for the review oI such order shall be entertained unless it is
25 made within ninety days from the date of the order.
(3) No order shall be reviewed except on the following grounds,
namely:—
(i) discovery of new and important matter of evidence; or
(ii) some mistake or error apparent on the face of the
30 record; or
(iii) any other sufficient reason.

(4 ) For the purposes of this section, the deputy commissioner

shall be deemed to be the successor-in-office of any revenue officer
who has left the district or who has ceased to exercise powers as a
35 revenue officer and to whom there is no successor in the district.

(5) An order which has been dealt with in appeal or on revision

shall not be reviewed by any officer subordinate to the appellate or
revisional authority. ,
 26 '

Stay of
97. (2) A revenue officer who has passed eny order or his suc­
execution cessor-in-office may, at any time before the expiry of the period pres­
of orders.
cribed for eppeal, direct the stay of execution of such order for such
period as he thinks fit provided that no appeal has been filed.
(2) Any authority before whom a case is pending in appeal or 5
revision may direct the stay of execution of the order appealed from
or under revision for such period as it may think fit.
(3) The revenue officer or other authority directing such stay of
execution of any order may impose such condition, or order such
security to be furnished, as he or it may think fit. 10

Power to 98. (I) The Administrator may, by notification in the Official

make rules. Gazette, make rules for carrying out the purposes of this Part.
(2 ) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for—
(a) the manner of appointment of revenue officers, survey 15
officers and settlement officers, and other village officers and
servants, their powers and duties, the official seals, if any, to be
used by them and the size and description of the seals;
(b) the deputy commissioner’s powers of superintendence
and control over other officers; 20
(c) the officers who should hear end decide disputes regard*
ing rights in or over eny property claimed by or against the
Government and the procedure to be followed by them;
(d) the disposal of Government lands by assignment or grant
to individuals or to public purposes and the terms and conditions 25
subject to which such assignments or grants may be made;
(e) the preservation and disposal of trees, brush wood jungle
and other natural products on Government land and the re­
covery of the value of trees or other natural product unau­
thorisedly appropriated by persons;
(f) the procedure for summary eviction of trespassers on
Government land;
(g) the alteration and revision of the land revenue in capes
of alluvion or diluvion or of diversion of land for purposes other
then agriculture; 35
(h) the grant of permission to use agricultural land for ncn-
agricultural purposes;
(i) the determination of additional rates for use of- water;
 27

(j) the circumstances in which remission or suspension of

revenue may be made and the rate of such remission or suspen­
sion;
(k) the form of receipt for payment of land revenue;
5 (I) the conduct of surveys and settlements of land revenue;
(m) the manner of estimating the cost of cultivation and
other expenses in relation to the inquiry into profits of agricul­
ture;
(n) the division of survey numbers into sub-divisions * *
io and the assessment of sub-divisions;
(o) the statistical, fiscal and other records and registers to
be prepared end maintained under this Part;
(p) the manner in which the costs and expenses incidental
to revenue survey or the construction, repair and maintenance of
15 boundary marks shall be determined and apportioned between
persons who are liable to bear the same;
(q) the fixing, construction, laying out, maintenance and
repair of boundary marks, and the settlement of disputes relating
thereto;
20 (r) the division of areas into units for determining the
revenue-rates * and the preparation of the table of revenue-
rates; * ’

(s) the preparation and the preliminary and final publica­

tion of the record of rights and the table of revenue-rates:

25 ft) the hearing and disposal of objections to any entry or

omission in the table of revenue-rates, the record of rights, and
the register of mutations;

(u) the manner and extent of alteration or revision of

revenue-rates during the term of settlement;
30 (u) the correction of bona fide errors and mistakes in the
revenue records, registers and maps prepared under this Part;

(tv) the manner in wjiich the average yield of crops of land

shall be ascertained;

(a?) the manner of holding inquiries by revenue officers

35 under this Part;
(y) the application of the provisions of the Cede of Civil
Procedure, 1908, to cases and proceedings before a revenue court; s I90g.
1728 (B ) L S - 5 .
 28
(z) the form of summons and other processes, notices, orders
and proclamations to be issued or made by revenue officers and
the manner of their service;
(aa) the procedure for the attachment and sale of property
and the confirmation and the setting aside of sales of immovable §5
property under Chapter VII;
(bb) the manner of publication of notices and proclamations
®f attachment and sale of property;
(cc) the manner in which the cost and expenses incidental
to the attachment and sale of property shall be determined; 10
(dd) the manner of payment of deposit and of the purchase
money of property sold for arrears of land revenue;
(ee) the circumstances in which precautionary measures for
securing the land revenue under section 79 may be taken;

(ff) the procedure for the transfer of cases from one revenue J5
officer to another;
(gg) the manner of preferring appeals or applications for
revision or review, the documents to accompany the memorandum
of appeal or such application and the fee, if any, leviable there­
for; 20
(hh) the grant of certified copies and the payment of fees for
inspection and grant of certified copies of revenue records and
registers;
(ii) the mode of execution of any orders directing any per­
son to deliver possession of land or to be evicted from land. 25
including the use of force for securing compliance with such
order;
(jj) any other matter that is to be or may be prescribed.
PART III
C hapter IX.— R ights of lan d ow n ers

Accrual of 99. (I) Every person who, at the commencement of this Act, holds
right* of
landowners. any land from the Government for agricultural purposes, whether as
a settlement-holder or as a pattadar and his successors-in-interest
shall, subject to the provisions of sub-section (2), become the owner
thereof as and from such commencement. 35
(2 ) No rights shall accrue under sub-section (I) in respect of
lands which—
(i) are a part of the bed of a river, a nallah, a stream or a
public tank, or
 29
(ii) have been acquired by the Government for any purpose
according to the provisions of any law in force for the time being
relating to acquisition of land, or

(iii) have been used at any time during the five years
5 immediately preceding the commencement of this Act for any
public, community or village purpose, or

(iv) are declared by the Administrator by notification in

the Official Gazette as reserved or required for any public, com­
munity or village purpose.

10 (3) Objections to the accrual of rights under sub-section ( 1)

may be filed before the competent authority within such time end in
such form and manner as may be prescribed by any person who has
interest or claims to have an interest in the land either in his indivi­
dual capacity or as a member of the villege or community.

15 (4) Should any objection be made under sub-section (3 ), the

competent authority shall inquire into the objection in such manner
as may be prescribed and decide the same.

(5) Subject to the provisions of this Act, the decision of the com­
petent authority shall be final.

20 (6 ) Every person who et the commencement of this Act holds

land from the Government for a purpose other then agriculture shall,
subject to sub-section (2), be entitled to the settlement of that land on
such terms and conditions as may be prescribed.

(7) Nothing in this section shal] entitle any person to the sub-
25 soil rights in respect of the land, of which he has become the land­
owner under sub-section ( 1), or which has been settled with him
under sub-section (6).

100. (1) Every person who has become a landowner under sub- Rightt 0f
* section (1) of section 99 shall— Itndowner.

3o(a) have permanent, heritable and transferable rights in the

land;
(b) be entitled by himself, his servants, tenants, agents or
other representatives to erect farm buildings, construct wells or
tanks or make any other improvements thereon for the better
a< cultivation of the land or its convenient use;
 30

(c) be entitled to plant trees on the land, to enjoy the p ro­

ducts thereof and to fell, utilise or dispose of the timber of any
trees on the land.
(2) Nothing in sub-section (1) shall entitle a landowner to use
his land to the detriment of any adjoining land which is not his or 5
in contravention of the provisions of any other law for the time
being in force applicable to such land.

Reservation 101. (1) Every landowner, who, at the commencement of this Act,
of land for
personal owns land in excess of a basic holding shall be entitled to apply to
cultivation. the competent authority for the reservation for his personal cultiva- 10
tion of any parcel or parcels of his land leased to tenants.

(2) Every application under sub-section ( 2) shall be in the

prescribed form and shall be made in the prescribed manner within
a period of one year from such commencement.

Explanation.—In the case of a person under disability, the applica- *5

tion shall be made by his guardian or his authorised agent, as the case
may be.

Procedure 101. (1) On receipt of an application made under section 101, {he
for reserva­
tion of land. competent authority shall issue notice together with a copy of the
application to each of the tenants holding land from the applicant 20
requiring the tenant to submit his objections, if any, within a period
of ninety days from the date of service of such notice or within such
further period as the competent authority may allow.

(2) A tenant on whom a notice has been served under sub-section

(1) shall furnish to the competent authority within the period 25
specified details of lands owned by him or held as tenant of any
other landowner and of lands which he selects for retention by him.

(3) The competent authority shall, after considering the objections

and the details, if any, furnished by the tenants and after making
such inquiry as it may consider necessary, determine the landi or 3°
lands not exceeding the permissible limit, which in its opinion «
having regard to all the circumstances of the case may be reserved
for personal cultivation of the landowner and the lands which each
of his tenants may be allowed to retain.

"Permissible 103. (1) In section 102, “permissible limit” means an area of land 35
limit” which a landowner may resume from tenants for personal cultiva­
defined.
tion, that is to say,—
(a) in the case'of a person under disability, 25 acres;
 31
(b) in the case of any other pertion who—
(i) owns a basic holding or less, the entire area owned
by him;
(ii) owns more than a basic holding but not exceeding a
5 family holding, one-half of the area leased to tenants or the
area by which the land under his personal cultivation falls
short of a basic holding, whichever is greater;
(iii) owns more than a family holding—
(1) if he has no land, or any land which is less than
IO a family holding, under his personal cultivation, one-half
of the area leased to the tenant but not exceeding the
area by which land under his personal cultivation M is
short of a family holding, provided that the tenant is
left with not less than a basic holding and provided fur-
15 ther that a landowner shall in any case be entitled
to resume an area by which land under his personal
cultivation fells short of a basic holding; and

(2 ) if he has a family holding or more under his

personal cultivation, the area leased to any tenant in
2o excess of a family holding but not exceeding the area by
which land in his personal cultivation falls short of 25
acres.
Explanation.—For the purpose of determining the permissible
limit of a landowner under this sub-section, any non-resumable land
•25 Which he may hold as a tenant shall also be taken into account.
* * * *
(2) Any transfer of land made on or after the 6th day of March
19§5Tshall be disregarded in computing the permissible limit.

. 104 In the case of a person who, at the commencement ot this Act, g**"
does"not own land in excess ot a basic holding, all lands owned by
30 him and held by tenants shall be deemed to have been reserved for his ^ltivadwi
personal cultivation. c*se».

Explanation.—Any transfer of land made on or after the 6th day

of March, 1956, shall be disregarded in determining the extent of
land owned by a person at the commencement of this Act.

105. The competent authority shall declare every land which,

uncter” sub-section (3 ) of section 1Q2, a tenant is allowed to retain to .
be the non-resumable land of the tenant. '
 32
Right to 106. (1) Subject to the provisions of this Act, a landowner may
lease.
lease out his land to another person on such rent not exceeding the
maximum rent referred to in section 112 as may be agreed upon
between him and such person.* *”

(2) Every lease of land made after the commencement of this 5

Act shall be for a period of five years and at the end of the said
period, and thereafter at the end of each period of five years, the
tenancy shall, subject to the provisions of sub-section ( 3 ), be deem­
ed to be renewed for a further period of five years on the same terms
and conditions, except to the extent that a modification thereof con- io
sistent with this Act is agreed to by both parties.

(3) In respect of any lease made after the commencement of this

Act, a landowner who is a member of the Armed Forces of the
Union, on his discharge from service or posting to the reserve, may
by giving the tenant three months’ notice in writing before the 15
expiry of*any year, and any other landowner may by giving the
tenant one year’s notice in writing before the expiry of any term
of five years, terminate the tenancy if the landowner requires the
land bona fide for personal cultivation by him.

Land left un­ 107. (1) Where the deputy commissioner is satisfied that any 20
cultivated. land has remained uncultivated for a period not less than two con­
secutive years otherwise than in accordance with rules made in this
behalf under this Act, and that it is necessary for the purpose of
ensuring the full and efficient use of the land for agriculture to do
so, he may after making such inquiry as may be prescribed lease out 25
the land in accordance with the rules made under this Act.

(2) Any lease made under sub-section (1) shall be deemed to be

a lease made by the landowner under sub-section ( 1) of section 106.

Relinquish' 108. ( 1) Subject to any rules that may be made under this Act, a
man. landowner may relinquish his rights in respect of any land in his 30
possession in favour of Government by giving a notice in writing to
the competent authority in such form and manner as may be prescrib­
ed, not less than three months before the close of any year and
thereupon, he shall cease to be a landowner in respect of that land
from the year next following the date of notice: 35

Provided that relinquishment of only a part of a holding or of a

holding which, of part of which, is subject to an encumbrance or a
charge, shall not be valid.
 (2) If any person relinquishes his rights to a land under sub­
section ( 2), the way to which lies through other land retained by
him, any future holder of the land relinquished shall be entitled to
a right of way through the land retained.

5 C hapter X — R ights of tenants

109. (1) The interest of a tenant in any land held by him as such Interest of
shall be heritable but, save as otherwise provided in this Act, shall tentnt8*
not be transferable.

(2) No tenant shall be evicted from his land except as provided

io in this Act.

110. It shall be lawful for a tenant to create a simple mortgage or Right to

create a
create a charge on his interest in the land leased to him in favour of mortgage 01
the Government or a co-operative society in consideration of any ch,I*e-
loan advanced to him by the Government or such society; and in the
event of his making default in the repayment of such loan in
accordance with its terms, it shall be lawful for the Government or
the society, as the case may be, to cause his interest in the land to
be attached and sold and the proceeds applied in payment of such
loan.
20 111. A tenant may, with the permission in writing of the land- Rishtto
. . , make tm-
owner, or if permission is refused without sufficient reason or not provements.
given within two months, after obtaining the order of the competent
authority in the prescribed manner, make at his own expense any
improvement to the land held by him, but shall not become liable
25 to pay a higher rate of rent on account of any increase of production
or of any change in the nature of the crop raised, as a consequence
of such improvement.
112. The rent payable by a tenant in respect of any land held by M axinum
rent.
him shall not exceed,—

30 (a) where the rent is payable in kind atf a share of the

produce, one-fourth of the produce of such land or its value esti­
mated in the prescribed manner if plough cattle for the cultiva­
tion of such land is supplied by the landowner and one-fifth of
such produce or its value as so estimated if plough cattle is not
jj supplied by the landowner;
(b) in any other case, four times the land revenue payable
in respect of the land.
 34
Pajrmant of
root.
113^ (1) The rent payable by a tenant shall, subject to the provi­
sions of section 112, be the rent agreed upon between him and the
landowner or wfiere there is no such agreement, the reasonable rent

(2) The rent shall be paid at such times and in such manner as
may have been agreed upon or in the absence of such agreement, as 5
may be prescribed.

K*m w b Mc
rent. (I) The competent authority may, on application made to it
in Hiis behalf by the landowner or the tenant, determine "the reason­
able rent for any land.

(2) The form of application under sub-section (1) and the pro- IO
cedure to be followed by the competent authority shall be such as
may be prescribed.

(3) In determining the reasonable rent, the competent authority

shall have regard to—

(a) the rental value of lands used for similar purposes in 15

the locality;

(b) the profits of agriculture of similar lands in the locality;

(c) the price of crops and commodities in the locality;
(d) the improvements, if any, made to the land by the land­
owner or the tenant; 20
^ <e) the land revenue payable in respect of the land; and
(/) any other factor which may be prescribed.
(4) Where the reasonable rent for any land has been determined
under this section, it shall not be altered for a period of five years
except on any of the following grounds, namely:— 25
(a) that the quality of the land has deteriorated by flood or
other natural causes;
(b) that there has been an increase in the produce of the
land on account of improvements made to it at the expense of
the landowner; 3°
(c) that the land has been partially or wholly rendered un­
fit for cultivation.

(5) Nothing in sub-sections (1) to (4) shall affect the right of

the Government to make an order directing the determination of the
reasonable rent of lands in any specified area. 35
 as
(1) In any case in which rent is payable in kind, the land- Commuta-
115 .
owner or the tenant may apply in writing to the competent authority payable in
in the prescribed form and manner, for commuting the rent into
money rent.
5 (2 ) On receipt of such application, the competent authority shall,
after giving notice to the other party, determine the money rent
payable for the land in accordance with the following provisions but
not exceeding the maximum rent specified in section 112.
(3) In determining the money rent, regard shall be had to—
io (a) the average money rent payable by tenants for land of
similar description and with similar advantages in the vicinity;
(b) the average value of the rent actually received by the
landowner during the three years preceding the date of appli­
cation;
(c) the average prices of crops and commodities in the
locality during the three years preceding the date of applica­
tion;
(d) the improvements, if any, made to the land by the land­
owner or the tenant; and
20(e) any other factor which may be prescribed.

116. Every landowner shall give or cause to be given a receipt Receipt for
payment of
for the rent received by him or on his behalf in such form as may ie.it.
be prescribed duly signed by him or his authorised agent.

117. If any landowner recovers from a tenant rent in excess of Refund of

25 the amount due under this Act. he shall forthwith refund the excess ed in exceu.
amount so recovered and shall also be liable to punishment a:> pro­
vided in this Act.

118. (1) Where a landowner has obtained from or been granted Su«pensi»»
mmmmm ot renuation
by the Government any relief by way of suspension or remission, of rent.
30 whether in whole or in part, of the land revenue payable in respect
of his land, he shall be bound to give and the tenant concerned shall
be entitled to receive from the landowner a corresponding or propor­
tionate relief by way of suspension or remission of rent payable in
respect of such land.
(2) The nature and extent of the relief which a landowner is
35 bound to give and which the tenant is entitled to receive under sub­
section (1) shall be determined in accordance with the rules made
under this Act.
1728(B) LS—6
 38
(3) No suit shall lie and no decree of a civil court shall be ®x«-
cuted for the recovery by a landowner of any rent the payment of
which has been remitted, or during the period for which the pay­
ment of such rent has been suspended, under this section.

(4) The period during which the payment of rent is suspended 5

under this section shall be excluded in computing the period of limi­
tation prescribed for any suit or proceeding for the recovery of
such rent.

(5) If any landowner fails to suspend or remit the payment ot

rent as provided in sub-section (I), he shall be liable to refund to IO
the tenant the amount recovered by him in contravention of the pro­
visions of this section and shall also be liable to punishment as pro­
vided in this Act. . ■

Eviction of 119. (1) No person shall be evicted from any land held by him
tenant.
as tenant except under the order of the competent authority made on *5
any of the following grounds, namely: —

(a) that the land has been reserved for personal cultivation
of the landowner under section 102, or is deemed to have been
reserved for personal cultivation oF"the landowner under section
104; 2°

(b) that a notice has been given to the tenant under sub­
section (3) of section 106;

(c) that the tenant has intentionally and wilfully com­

mitted such acts of waste as are calculated to impair materially
or permanently the value or utility of the land for agricultural 25
purposes;

(d) that the tenant has failed to pay rent within a period
of three months after it falls due:

Provided that the competent authority may, if it thinks fit,

grant further time not exceeding six months for payment of the 30
rent;

(e) that the tenant, not being a person under disability, has
after the commencement of this Act, sub-let the land without
the consent in writing of the landowner.
 37
(2) No order for eviction of a tenant shall be executed till the
standing crops, if any, on the land are harvested.
(3) Where any order for eviction has been made against a tenant
on the ground specified in clause (a) of sub-section ( 2), then, not-
5 withstanding such order, the tenant shall, until he is provided with
alternative land in accordance with the rules made in this behalf,
be entitled to retain possession of—
(i) the entire lend held by him as a tenant, in any case where
the area of tenancy together with any other land held by him
I0 does not exceed 1' 25 acres in area; and
(ii) so much of the land held by him as a tenant as together
with any other land held by him does not exceed the limit of
1-25 acres in area, in any case where the area of the tenancy
together with the other land held by him exceeds the said limit:
Provided that nothing in this sub-section shall apply to a
tenant who holds land under any person who is a member of
the Armed Forces of the Union.
(4) Where any land has been reserved for the personal cultivation
of a landowner by an order made under sub-section (3) of section 102,
21 no suit or application for the eviction of the tenant in respect of sucb
land under clause (a) of sub-section ( 1) shall lie after the expiry of
five years from the commencement of this Act or one year from the
date of the said order, whichever is later:
Provided that where any such landowner is a person under dis­
ability, such suit or application may be instituted or made within
a period of five years from the date when the disability ceases.
Explanation.—For the purposes of this sub-section, the disability
of a person shall cease—
(a) in the case of a widow, if she remarries, on the dat* of
her remarriage or if any person succeeds to the widow on her
30 death, on the date of her death;
(b) in the case of a minor, on the date of his attaining
majority 3 '
(c) in the case of a woman who is unmarried or who is
divorced or judicially separated from her husband, on the date of
her marriage or remarriage, as the case may be, or in the case
of a woman*whose husband is a person falling under clause (d)
or (e), on the date on which the disability of the husband ceases;
(d) in the case of a person who is e member of the Armed
40Forces of the Union, on the date of his discharge from service or
of his posting to the reserve;
 sd

(e) in the case of a person suffering from a physical ot

mental disability, on the date on which the disability ceases to
exist
Restoration 120. Where a person who has taken possession of any land by
of possess!**
of iand to evicting a tenant therefrom on the ground that the landi had been re-
tanant. served for personal cultivation by him fails to cultivate such land
personally within one year from the date on which he took posses­
sion thereof or ceases to cultivate such land personally in any year
during a period of four years next following, the tenant shall be
entitled to be restored to possession of the land from which he was 10
evicted. '

Explanation.—For the purpose of this section, land shall not be

deemed to be under the personal cultivation of a person (not being
a person under disability) unless such person or a member of his
family engages himself! in the principal agricultural operations. 15

Certain lands 121. If a landowner fails to—

to be non*
returnable (a) apply for reservation of any land within the period pres­
land of cribed in section 101, and the land is not deemed to have been
tenant.
reserved under section 104, or
(b) file a suit or application for the eviction of the tenant 20
from any land reserved under section 102 * * * *
* * * within the period prescribed in sub-section (4)
of section 119, or
(c) cultivate or ceases to cultivate the land and the tenant is
restored to possession of the land under section 120, 25

the competent authority may suo motu and shall, on application,

after making such inquiry as may be prescribed, declare the land to
be the non-resumable land of the tenant.

Compensa­ 122. (1) A tenant who has made any improvement at his own
tion for im­ expense on the land leased to him shall, if he is to be evicted under g0
provements.
the provisions of this Chapter, be entitled to receive compensation
before he is so evicted for such improvement as in the opinion of
the competent authority, is reasonable.
(2) The compensation payable to a tenant under sub-section 35
( 1) shall be determined in accordance with the value of such im­
provements on the date of eviction, and in determining such com­
pensation, regard shall be had to the following matters, namely: —

(a) the amount by which the value of the

land has in-
creased by reason of the improvement;
 39
(b) the condition of the improvement at the date of the deter­
mination of the value thereof and the probable duration of its
effect;
(c) the labour end capital involved in the making of the
^ improvement; andi j

(d) the advantages secured by the tenant in consideration

of the improvement made by him.
(3) In any case in which compensation is payable to a tenant
under this section, the competent authority may direct that—
!0 (a) the whole or any part of any loan which the tenant has
taken on the security of his interest in the land under section
110 and which is outstanding shall be deducted from such com­
pensation and paid to the Government or the co-operative
society, as the case may be; |
15 (b) any arrear of rent due by the tenant to the landowner
'and the costs, if any, awarded to the landowner shall be ad­
justed against the compensation.

123. A tenant against whom an order of eviction has been passed, j enant may
shall be entitled to remove within such time as is deemed reason-
20 able by the competent authority any work of improvement which etc., not ’
can be severed from the land and which the tenant desires to improve-
remove, or any building or construction or work (which is not an ments.
improvement) in respect of which the landowner is not willing to
pay the compensation.

2< 124.(1) Where a tenant of any land has, on or after the 6th Restoration
J __ of possession
day of March, 1956, surrendered, or been evicted from, such land, and of land in
the surrender or eviction could not have taken piece if this Act had olher
been in force on the date of such surrender or eviction, the com­
petent authority, may suo motu or on application made by the
tenant, restore him to possession of the land which he surrendered
3° or from which he was evicted unless some other tenant not being
a member of the landowner’s family, had bona fide been admitted
to possession of such land. •
(2) The competent authority shall, before making an order
35 under sub-section (I), make such inquiry as may be prescribed.

125. Where a tenancy is sought to be terminated on the ground Relief «ga-

thatThe tenant has materially impaired the value or utility of the tion oftei”*"
land for agricultural purposes, if the damage to the land admits of f, r *ct
being repaired or if pecuniary compensation would afford ade­
quate relief, no proceeding for eviction shall lie against the tenant
 40

unless and until the landowner has served on the tenant a notice
in writing specifying the damage complained of and the tenant has
failed within a period of one year from the service of such notice to
repair the damage or to pay compensation therefor.
Surrender of 126. (1) After the commencement of this Act, no tenant shall j
land by
tenant. surrender any land held by him as such, and no landowner shall
enter upon the land surrendered by the tenant, without the pre­
vious permission in writing of the competent authority.
(2) Such permission shall be granted if, after making such in­
quiry as may be prescribed, the competent authority is satisfied that i°
the proposed surrender is bona fide and in case the surrender is by
a person who was holding the land as tenant immediately before
the commencement of this Act, the permissible limit of the landowner
concerned is not exceeded by such surrender; in other cases, the per­
mission shall be refused. *5
(3) Where permission is refused in any case, and the tenant
gives a declaration in writing relinquishing his rights in the land,
the competent authority shall, in accordance with the rules made in
this behalf, lease out the land to any other person who shall acquire
all the rights of the tenant who relinquished his rights. 20

Transfer of 127. Subject to the other provisions of this Act, the ownership of
ownership of
land to anyTand which is declared to be the non-resumable land of a tenant
tenant.
under section 105 or section 121 shall stand transferred from the
landowner thereof to the tenant with effect from the date of such
declaration, and the tenant shall become the owner of such land 25
and be liable to pay land revenue therefor:
Provided that where, on an application made in this behalf by
any person at any time before the declaration is made under section
105 or under section 121, the competent authority is satisfied that
such person holds land not exceeding a family holding, whether as 3°
a landowner or otherwise, and that his income is derived mainly
from such land, the competent authority may, by order, provide that
the transfer of ownership of the land shall take effect on the expiry
of a period of five years from the date of such declaration.

128. (1) In respect of every land the ownership of which stands ^

Compensa­
tion to land­ transferred to the tenant under section 127, the landowner shall be
owner.
entitled to compensation which shall consist of the aggregate of the
following amounts, that is to say,—
(a) an amount equal to thirty times the full land revenue
payable for the land or, if the land is held revenue-free or at a 4°
 41
concessional rate, thirty times the amount of land revenue pay­
able for similar lands in the locality;
(b) the value of trees, if any, planted by the landowner.

Explanation.—Where any improvement has been made on the

5 land at the expense of the landowner at any time subsequent to the
last settlement, the land revenue for the purpose of this section
shall be the land revenue payable for similar lands in the locality.

(2) The land revenue payable for similar lands in the locality
and the value of trees referred to in sub-section ( 1) shall be deter-
io mined in the prescribed manner.
(3) Every landowner entitled to compensation under this section
shall, within a period of six months from the date of the declaration
referred to in section 127, apply to the competent authority in the
prescribed manner for determining the compensation.
Payment of
15 129. (1) The compensation to which a landowner is entitled under compensa-
section 128 shall be paid to him by the Government in the first land”
instance, and it may be paid in cash, in lump sum or in annual instal­
ments not exceeding ten or in the form of bonds which may be
negotiable or non-negotiable but transferable.
20 (2) From the date of the declaration referred to in section 127,
the landowner shall be entitled to interest at the rate of 2J per cent,
per annum on the compensation or such portion thereof as remains
unpaid.
(3) Any mortgage of, or encumbrance on, the land of which the
25 ownership is transferred to the tenant under section 127 shall be a
^ • • a
valid charge on the amount of compensation payable to the land­
owner.
(4) Notwithstanding anything contained in sub-sections (I) to (3),
where the person entitled to compensation under section 128 is a
jo charitable or religious institution, the compensation shell, instead of
being assessed under that section, be assessed as a perpetual annuity
equal to the reasonable rent for the land, less the land revenue pay­
able on such land. The emount so assessed shall be paid to such
institution in the prescribed manner.
130. (1) Every tenant to whom ownership of any land has been T a u n t to
35 __ v J pay compen-
transferred under section 127 shall be liable to pay to the Govern- ,ati,n
amount.
ment in respect of that land compensation as determined under
section 128.
 42

(2) The compensation shall be payable in cash, in lump sum or in

such number of annual instalments not exceeding twenty as may be
prescribed. Interest at the rate of per cent, per annum shall be
payable on the compensation or such portion thereof as remains
unpaid,' 5

(3) The compensation payable under this section shall be a charge

on the land.

(4) The compensation or any instalment thereof shall be recover­

able in the same manner as an arrear of land revenue.
Issue of 131. When the compensation or the first instalment of the com- io
certificate to
tenants. pensation, as the case may be, has been paid by the tenant, the
competent authority may suo motu and shall, on application made
to it in this behalf, issue to the tenant a certificate in the prescrib­
ed fonr declaring him to be the owner of the land specified therein.
First option 132. (1) If a landowner at any time intends to sell his land held 15
to purchase.
by ITtenant, he shall give notice in writing of his intention to such
tenant and offer to sell the land to him. In case the latter intends
to purchase the land, he shall intimate in writing his readiness to do
so within two months from the date of receipt of such notice.

(2) If there is any dispute about the reasonable price payable for 20
the land, either the landowner or the tenant may apply in writing to
the competent authority for determining the reasonable price; and
the competent authority, after giving notice to the other party and tc
all other persons interested in the land and after making such inquiry
as it thinks fit, shall fix the reasonable price of the land which shall 25
be the average of the prices obtaining for similar lands in the locality
during the ten years immediately preceding the date on which the
application is made.

(3) The tenant shall deposit with the competent authority the
amount of the price determined under sub-section (2) within such 3°
period as may be prescribed.

(4) On deposit of the entire amount of the reasonable price, the

prescribed authority shall issue a certificate in the prescribed form
to the tenant declaring him to be the purchaser of the land; the com­
petent authority shall also direct that the reasonable price deposited 35
shall be paid to the landowner.

, (5) If +he tenant does not exercise the right of purchase in res­
ponse to the notice given to him by the landowner under sub-section
 43
( 2) or fails to deposit the amount of the price as required by sub­
section (3), such tenant shall forfeit'his right of purchase, and the
landowner shall be entitled to sell such land to any other person.
(6) The forfeiture of the right to purchase any land under this
5 section shall not affect the other rights of the tenant in such land.

133. (1) The Administrator may, by notification in the Official Power to

npa make rule
Gazette, make rules for carrying out the purposes of this Part.
(2 ) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for—
IO (a) the form of notices to be issued under this Part and the
manner of their service;
(b) the manner of holding inquiries under this Part;
(c) the circumstances in which and the period for which
land used for agricultural purposes may be left uncultivated;
15 (d) the conditions subject to which lands may be leased by
the deputy commissioner under section 107;
(e) the form of applications to be made under this Part, the
authorities to whom they may be made and the procedure to be
followed by such authorities in disposing of the applications;
20 (f) the determination of the value of the produce of land,
the profits of agriculture, and the rental values of land, for the
purposes of this Part;
(g) the time and manner of payment of rent by the tenant;
(h) the form of receipt for rent to be given by the land-
25 owner;
(t) the factors to be taken into account in determining
reasonable rent for land and in commuting rent in kind into
money rent;
(j) the nature and the extent of relief to the tenant in cases
30 of suspension or remission of land revenue by the Government;
(k) the determination of compensation for improvements to
tenants who are evicted from land;
(I) the grant of permission to surrender land;
(m) the determination of the amount of compensation pay-
35 able to the landowner in respect of the non-resumable lands of
tenants;
(n) the form of certificates to be granted to tenants;
1728 (B ) L S — 7.
 44

(o) the determination of the price to be paid by tenant lor

land in respect of which the'first option to purchase is exercised;
(p) any other matter which is to be 01 may be prescribed.

PART IV
C hapter XI — C eiling on land holdings 5

Exemption. 134. The provisions of this Chapter shall not apply to land owned
by tiie Government or a local authority.
Definitions 135. For the purposes of this Chapter,—
(a) “ceiling limit” , in relation to land, means the limit fixed
under section 136; IO
(b) “family” , in relation to a person, means the person, the
wife or husband, as the case may be, and the dependent children
and grandchildren, of such person;
(c) “land” does not include land used for nan-agricultural
purposes. >5

GdUog on 136. No person either by himself, or, if he has a family, together

holdings.
with any other member of his family (hereinafter referred to as
the person representing the family) shall, whether as a landowner
or as a tenant or as a mortgagee with possession or otherwise, or partly
in one capacity and partly in another, hold land in excess of twenty- 20
five acres in the aggregate: *
Provided that, where the number of members of the family of
such person exceeds five, he may hold five additional acres for each
member in excess of five, so however as not to exceed fifty acres in
the aggregate. 2$
Explanation.—In the case of a company, an assoewtton or any
other body of individuals, the ceiling limit shall be twenty-five acres.
Submission 137. Every person representing a family who at the commence­
o f returns
ment of this Act holds, or has at any time during the period between
the 15th day of January, 1959 and such commencement held, land in
excess of the ceiling limit shall submit to the competent authority,
in such form and within such time as may be prescribed, a return
giving the particulars of all land held by him and indicating therein
the parcels of land, not exceeding the ceiling limit, which he desires
to retain:
Provided that in the case of joint-holding, all co-sharers may
submit the return jointly indicating the parcels of land, not exceed­
ing the aggregate of their individual ceiling limits, which they desire
to retain. •
 45
Explanation.—In. the case of a person under disability, the return
shall be furnished by his guardian or authorised agent, as the case
may be.

138. If any person who under section 137 is required to submit a Collection of
5 return, fails to do so * * * the competent authority may collect through**00
the necessary information through such agency as may be prescribed. agency.

139. (1) On receipt of any return under section 137 or information Procedure
under section 138 or otherwise, the competent authority shall, after ^nation of
giving the persons affected an opportunity of being heard, hold an exee*8 *and>
i o inquiry in such manner as may be prescribed, and having regard to
the provisions of section 140 and section 141 and of any rules that may
be made in this behalf, it shall determine—
(a) the total area of land held by each person representing
the family;
(b) the specific parcels of land which h^ may retain;
. (c) the land held by him in excess of the ceiling limit;
(d) whether such excess land is held by him as a landowner
or as a tenant or as a mortgagee with possession;
(e) the excess land in respect of which the tenant or the
20 mortgagee with possession may acquire the rights of the land­
owner or the mortgagor, as the case may be;
(f) the excess land which may be restored to a landowner
or a mortgagor;
(g) the excess land which shall vest in the Government; and
(/t) such other matters as may be prescribed;
25 •
(2) For the purposes of determining the excess land under this
section, any land transferred at any time during the period between
the 15th day of January, 1959 and the commencement of this Act shall,
notwithstanding such transfer, be deemed to be held by the transferor.
(3) The competent authority shall prepare a list in the prescribed
' form containing the particulars determined by it under sub-section
( 1) and shall cause every , such list to be published in the Official
Gazette and also in such other manner as may be prescribed.

140. (1) Where any person holding land inexcess of theceiling Selection of
1 excess land
35 limit at any time during the period between the 15th day of January, in cam of
1959, and the 9th day of December, 1959, has transferred during
such period any part of his land to any other person under
 4fS

a registered deed for valuable consideration, the excess land to be

determined under section 139 shall, to the extent possible, be selected
out of the land held at theTommencement of this Act by the trans­
feror in excess of a family holding and no land shall be selected out
of the land transferred. 5

(2) Where any person holding land in excess of the ceiling limit
at any time—
(o) during the period between the 15th day of January, 1959
and the 9th day of December, 1959, has transferred during such
period any part of his land to any other person in any manner io
other than under a registered deed for valuable consideration, or
(b) during the period between the 9th day of December,
1959 and the commencement of this Act has transferred during
such period any part of his land to any other person in any
manner whatsoever^
the excess land to be determined under section 139 shall be selected
out of the lands held at the commencement of this Act by the trans­
feror and the transferee in the same proportion as the land held by
the transferor bears to the land transferred and where no land is held
by the transferor, out of the land transferred. 20
(3) Where excess land is to be selected out of the lands of more
than one transferee, such land shall be selected out of the lands held
by each of the transferees in the same proportion as the area of the
land transferred to him bears to the total area of the^ lan<Js"transfer-
red to all the transferees.
(4) Where any excess land is selected out of the lend transferred,
the transfer of such land shall be void.
(5) Notwithstanding anything hereinbefore contained, the excess
land to be selected shall in no case include the homestead land of a
person. 30

Explanation.—For the purpose of this sub-section, “homestead

land” means the land on which the homestead (whether used by the
owner or let out on rent) stands together with any courtyard, com­
pound and attached garden, not exceeding one acre in the aggregate.

Excess land 14 1. (1)

Whereany excess land of a landowner is in his actual
to vest in _ _ _ ' J 35
Government, possession, the excess land shall vest in the Government.
(2) Where any excess land of a landowner is in the possession of
a person holding the same as a tenant or as a mortgagee and the
excess land together with any other land held by such person exceeds
h£s ceiling limit, the land in excess of the ceiling limit shall vest in
the Government. 40
 41
(3J Where any excess land of a landowner is in the possession
of a person holding the same as a tenant or as a mortgagee and such
person is allowed to retain the excess land or a part thereof as being
within his ceiling limit, that person shall acquire the rights of the
^ landowner or of the mortgagor, as the case may be, in respect of such
excess land or part thereof on payment of compensation, if any, as
hereinafter provided, but if that person refuses to pay such compen­
sation, the excess land or part thereof shall vest in the Government.
(4) Where there is any excess land of a tenant or of a mortgagee
with possession, the excess land shall vest in the Government:
Provided that, in any case where the excess land or any part
thereof held by a person as landowner or mortgagor together with
any other land held by such person does not exceed the ceiling limit,
the excess land or such part thereof as does not exceed the ceiling
limit shall be restored to the possession of that person on an applica­
tion made by him in this behalf to the competent authority within
such time as may be prescribed and in the case where the possession
of such land is restored 'to the mortgagor, the mortgage in respect oi
such land shall be deemed to be <a simple mortgage

142. (1) Any person aggrieved by an entry in the list published pub|jcation
under sub-section (3) of section 139 may, within thirty days from the
date of publication thereof in the Official Gazette, file objections there- *equence«
to before the deputy commissioner. ' creo *
(2) The deputy commissioner or any other officer authorised in
this behalf by the Administrator may, after considering the objections
25 and after giving the objector or his representatives an opportunity
of being heard in the matter, approve or modify the list.
(3) The list as approved or modified under sub-section (2) shall
then be published in the Official Gazette and also in such other man­
ner as may be prescribed and subject to the provisions of this Act, the
30 list shall be final.

(4) With effect from the date of publication of the list in the
Official Gazette under sub-section (3),—
(a) the excess land shall stand transferred to and vest in
the Government free of all encumbrances; or
35 ( 5 ) the possession of the excess land shall stand restored to
the landowner or the mortgagor, as the case may be; or
(c) the rights of the landowner or the mortgagor in respect of
the excess land shall stand transferred to the tenant or the mort-
4o gagee, as the case may be.
 48
dompensj- 143. (2) Where any excess land of a landowner vests in the Gov*
tion. ernment, there shall be paid by the Government to the landowner
compensation, subject to the provisions of sub-section (2), of an
amount equal to—
(a) in the case of any land which has remained uncultivated
during the three years immediately preceding the date of vesting
in the Government, twenty-five times the land revenue in respect
of such excess land;
(b) in the case of any other land, fifty times the land revenue
in respect of such excess land: 10
Provided that where the land is held revenue-free or is assessed
to land revenue at a concessional rate, the compensation shall be
determined on the basis of land revenue assessable at full rates for
such land:
Provided further that where an improvement has been made on ^
the land at any time subsequent to a settlement or revisional settle­
ment, the rate of land revenue for purposes of this section shall be
the rate applicable to the class of land in which the land falls after
the improvement.
(2 ) Where such excess land or any part thereof is in the possession 20
of a tenant, the compensation payable under sub-section ( 2) in res­
pect of the land shall be apportioned between the landowner and the
tenant in such proportion as may be determined by the competent
authority in the prescribed manner, having regard to their respective
shares in the net income from such land. 25

(3) In addition to the compensation payable in respect of any

excess land under sub-section (/), there shall also be paid compensa­
tion in respect of any structure or building constructed on such land
and any trees planted thereon, and such compensation shall be deter­
mined by the competent authority in the prescribed manner, having 3,,
regard to the market value of any structure or building or the value
of such trees, and such compensation shall be paid to the person who
has constructed the structure or building or planted the trees.
(4) Where any excess land in respect of which compensation is
payable is subject to any mortgage or other encumbrance, the amount 35
due under the mortgage or other encumbrance in respect of such
excess land, or where a transfer of any excess land is void
by virtue of sub-section (4) of section 140, the consideration money
paid by the transferee in respect of such excess land, shall be a charge
on the compensation payable in rcspect of the excess land to the per­
son who has created the mortgage or encumbrance or, as the case may
be, to the transferor.
 49

(5) Where a tenant acquires the rights of a landowner in respect

of any excess land, the compensation payable by him in respect of that
land shall be equal to the amount which the landowner would have
been paid as compensation under sub-section (2 ) or sub-section (3 )
5 if the land had vested in the Government; and the amount shall, in
the first instance, be paid to the landowner by the Government and
shall be recovered from the tenant in such manner as mav be prescrib­
ed. ‘
(6 ) Where a mortgagee in possession acquires the rights of the
10 mortgagor in respect of any excess land under sub-section ( 3 ) of sec­
tion 141, the compensation payable by the mortgagee in respect of
that lantf shall be such sum of money, if any, as may be due to the
mortgagor after setting off the mortgage debt against the market value
of such excess land.

*5 (7) Where any excess land of a religious or charitable institution

vests in the Government, such institution shall, in lieu of compensa­
tion payable under sub-section (1 ) or sub-section (2) or sub-section
(3), be paid an annuity.equal to the net annual income of the excess
land and such net annual income shall be determined by the compe-
20 tent authority in the prescribed manner.

(8 ) The competent authority shall, after holding an inquiry in the

prescribed manner, make an order determining the amount of com­
pensation payable to any person under this section.

144. (1) The compensation payable under section 143 shall be due °ff
25 from the date of publication of the list under sub-section (3) of compeiwt-
section 142 and may be paid in cash, in a lump sum or in instalments,t,wn
or in bonds.
(2) Where the compensation is payable in bonds, the bonds may be
made not transferable or transferable by endorsement or in any other
30 manner but all such bonds shall be redeemed within such period, not
exceeding twenty years from the date of issue, as may be prescribed.
(3) Where there is any delay in the payment of compensation or
where the compensation is paid either in instalments or in bonds, it
shall carry interest at the rate of two and a half per cent, per annum
35 from the date on which it falls due.
145. No person representing a family shall acquire in any manner Limit of
m — mmm fUtUW tC qtli-
whatsoever, whether by transfer, exchange, lease, agreement or sue- tition of
cession, any land where such acquisition has the effect of making the 1#nd-
total area of the land held by him exceed the ceiling limit: and any
40 such land in excess of the ceiling limit shall be treated as excess land
 50

of the transferee and the provisions of sections 130 to 144 shall, as

far as may be, apply to such excess land.

nut*” *bed 146. Where a person representing a family holds land not exceed-
surrtndm d ing tiie ceiling limit, but subsequently the land held exceeds the
cases. ceiling limit, then, notwithstanding anything contained in this
Chapter, such person shall not be required to surrender any part of
the land on the ground that it is excess land, if such excess is due
to a decrease in the number of members of the family.

Power of 147. After the publication of the list of excess lands under sub­
deputy com-
mitsioner section (3) of section 142, and after demarcation in the prescribed 10
session o?°** manner of such lands where necessary, the deputy commissioner may
excess land, take possession of any excess land and may use or cause to be used
such force as may be necessary for the purpose.

Offences 148. (J) Whoever being bound to submit a return under section 137
and pens) t
ties. fails to do so, without reasonable cause, withih the prescribed time, 15
or submits a return which he knows or has reason to believe to be
false, shall be punishable with fine which may extend to one thousand
rupees.

(2 ) Whoever contravenes any lawful order made under this

Chapter or otherwise obstructs any person from lawfully taking 2o
possession of any land shall be punishable with fine which may extend
to one thousand rupees.

Finality of 149. Subject to the provisions of this Act, every order made under
orders. — —
this Chapter shall be final.

Power to The Administrator may, on an application made to him

150. (1 )
exempt, etc. t^is behalf within three months from the commencement of this
Act, exempt from the operation of section 136—

(a) any land which is being us6d for growing tea. coffee or
rubber including lands used or required for use for purposes
ancillary to, or for the extension of, the cultivation of tea, coffee j 0
or rubber to be determined in the prescribed manner;
(b) any sugarcane farm operated by a sugar factory;

(c) any specialised farm which is being used for cattle

breeding, dairy or wool raising;
 Si
(d) any person who holds a compact block of land exceeding
the ceiling limit which—

(t) is being used as an orchard from before thA 1st

day of January, 1958, or

5 (ii) is being used as a farm in which heavy investment dt

permanent structural improvements have been made and
which, in the opinion of the Administrator, is being so effi­
ciently managed that its break up is likely to bring a fall
in production:

10 Provided that where such person holds the compact block of

land together with any other land, he shall be permitted to elect
to retain either the compact block of land, notwithstanding that
it exceeds the ceiling limit, or the other land not exceeding the
ceiling limit;

15 (e) any land which is being held by a co-operative society,

provided that where a member of any such society holds a share
in such land, his share shall be taken into account in determin­
ing his ceiling limit:

Provided that the Administrator may entertain the application

20 after the expiry of the said period of three months, if he is satisfied
that the applicant was prevented by sufficient cause from making
the application in time.

(2) Where any land in respect of which exemption has been

granted to a person under clause (a) of sub-section (I) is transferred
25 to another person, the Administrator may, on an application made to
him within three months from the date of the transfer, exempt
the transferee from the operation of section 136 and section 145 and
the provisions of the said clause shall, as far as may be, apply to the
grant of such exemption.

30 (3) Where the Administrator is of opinon that the use of land for
any specified purpose is expedient or necessary in the public interest,
he may, by notification in the Official Gazette, make a declaration
to that effect and on the issue of such notification, any person may,
notwithstanding anything contained in section 145 acquire land in
excess of the ceiling limit for being used for siI3 Tlpecified purpose
and such person shall, within one month from the date of such
acquisition, send * intimation thereof to the competent authority.

(4) Where any land in respect of which exemption has been

g ra n ted under sub-section (1) or sub-section (2 ) or sub-section (3)
1728 (B) LS—8.
 52
• .
ceases to be used, or is not, within the prescribed time, used, for the
purpose for which exemption had been granted, the Administrator
may, after giving the persons affected an opportunity of being heard,
withdraw such exemption.

C hapter XII.—P revention of fr a g m e n t a t io n 5

Definitions. 151. For the purposes of this Chapter,—

(a) "holding” means the aggregate area of land held by a

person as a landowner;
(b) “fragment” means a holding of less than two and a half
acres in area; 10

(c) “land” has the same meaning as in Chapter XI.

Restrictions 152- (1) No portion of a holding shall be transferred by way of

on transfer,
etc. sale, exchange, gift, bequest or mortgage with possession, so as to
create a fragment:
Provided that the provisions of this sub-section shall not apply 15
to a gift made in favour of the Bhoodan movement initiated by
Acharya Vinoba Bhave.
(2) No portion of a holding shall be transferred by way of lease,
where as a result of such lease,—
(i) the lessor shall be left with less than two and a half 20
acres, or
* (ii) the total area held by the lessee exceeds the limit of a
family holding.
(3) No fragment shall be transferred to a person who does not
have some land under personal cultivation, or to a person who 25
holds, or by reason of such transfer shall hold, land in excess of the
limit of a family holding.

Partition of 153. (I) No holding shall be partitioned in such manner as to

holding.
create a fragment.
(2) A fragment shall not be partitioned unless as a result of 30
such partition its portions get merged in holdings of two and a half
acres or more or in fragments so as to create holdings of two and
a half acres or more.
(3) Whenever, in a suit for partition, the court finds that the
partition of a holding will result in the creation of a fragment, the 35
court shall, instead of proceeding to divide the holding, direct the
 53
sale of the same and distribute the proceeds thereof among the co­
sharers.
(4) Wherever a holding is put up for sale under sub-section (3),
a co-sharer shall have the first option to purchase the holding at the
5 highest bid; if there are two or more co-sharers claiming the first
option, that co-sharer who offers the highest consideration shall be
preferred.

154. (1) Any transfer, partition or lease of land made in contra- Trantfera iv
h m contraven-
vention of the provisions of this Chapter shall be void. tion of tbit
Chapter.
io ( 2 ) No document of transfer, partition or lease shall be registered
unless declarations in writing are made, in such form and manner
as may be prescribed, by the parties thereto before the competent
16 of 1908. registering authority under the Indian Registration Act, 1908, regard­
ing lands held by each prior to the transaction and the land which
15 each shall come to hold thereafter.
(3) No registering authority shall register under the Indian
i4of 1908. Registration Act, 1908, any document of transfer, partition or lease
of land if, from the declarations made under sub-section (2 ), it
appears that the transaction has been effected in contravention of
2 q the provisions of this Chapter.

155. The parties to any transfer, partition or lease made or entered

into""iircontravention of any of the provisions of this Chapter shall
be punishable with fine which may extend to one hundred rupees.

156. (I) The Administrator may, by notification in the Official j^^rulw.

25 Gazette, make rules to carry out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the follow­
ing matters, namely: —
(a) the form in which and the period within which a return
under section 137 may be submitted;
(b) the agency through which information may be collected
under section 138;
(c) the manner of holding enquiries under this Part;
(d) the matters which may be determined under sub-section
( 1) of section 139 and the manner of determination of excess
lands under this Part;
(e) the form in which a list under sub-section (3) of section
139 or sub-section (3) of section 142 may be prepared and the
manner of publication of such list;
 54
(/) the period within.which an application for restoration
of excess land may be made under the proviso to sub-section (4)
of section 141;
(g) the manner of apportionment of compensation between
the landowner and the tenant under sub-section (2 ) of section 5
143;
(h) the manner of assessment of the market value of any
structure or building or trees under sub-section (3) of section 143;
(i) the manner of recovery of the compensation payable by
the tenant under sub-section (5) of section 143; 10

(j) the manner of determining under sub-section (6) of

section 143 the market value of any excess land over which a
mortgagee-in-possession acquires the rights of the mortgagor;
(k) the manner of determination of the net annual income
of any excess land for the purpose of payment of compensation *5
to religious or charitable institutions under sub-section (7) of
section 143;
(I) the manner of payment of compensation including the
number of instalments in which the compensation may be paid
or recovered and the period within which bonds may be redeemed;,20
(m) the manner of demarcation of any excess land under
section 147;
(n) the matters which may be determined by the Adminis­
trator in granting an exemption under section 150 including the
form In which applications and intimations may be made or 25
given, under section 150;
( 0 ) the form of declarations under section 154;
(p) any other matter which is to be or may be prescribed.
PART V
C h a p t e r X I I I .— G e n e r a l a n d m is c e l l a n e o u s 30
Recovery of 157. Without prejudice to any other provision of this Act, any
m ounts due
as an arrear amount due to the Government, whether by way of costs, penalty or
o f land otherwise, and any other amount which is ordered to be paid to or
revenue.
recovered by the Government, under this Act shall be recoverable in
the same manner as an arrear of land revenue. 35

Special pro- 158. transfer of land by a person who is a member of the

gmrAing Scheduled Tribes shall be valid unless—
Schftdulffd
Tribe*. ' (o) the transfer is to another member of the Scheduled
Trib«s; or
 55
(b) where the transfer is to a person who is not a member
of any such tribe, it is made with the previous permission in
writing of the deputy commissioner; or ‘
(c) the transfer is by way of mortgage to a co-operative
5 society.

159- No suit or other proceedings shall, unless otherwise expressly

provided for in this Act or in any other law for the time being in C0*Y®5
force, lie or be instituted in any civil court with respect to any matter
arising under and provided for by this Act:
10 Provided that if in a dispute between parties a question of title is
involved, a civil suit may be brought for the adjudication of such
question.
160. Save as otherwise provided, the provisions of this Act shall ^ watnot
have effect notwithstanding anything to the contrary contained in any f ^ other
15 other law, custom or usage or agreement or decree or order of court. ’

161- Notwithstanding anything contained in the Court-fees Act, Court-fee».

7 of 1870* 187(J” every application, appeal or other proceeding under this Act
shall bear a court-fee stamp of such value as may be prescribed.

162. Every amin and every other village officer appointed under offl-
20 thiTTct shall be deemed to be a public servant within the meaning public ter-
45 of i 860. of section 21 of the Indian Penal Code. '
163. With the previous approval of the Government, the Adminis- to
trator may, by notification in the Official Gazette, exempt any class
of lands from all or any of the provisions of this Act.

25 164. Whoever contravenes any provision of this Act for which no n

penalty has been otherwise provided for therein shall be punishable to penalties,
with fine which may extend to five hundred rupees.

165. No suit, prosecution or other proceedings shall l i e - J H T S ta !

" " " (a) against any officer of the Government for anything in ingood faith.
good faith done or intended to be done under this Act;
30
(b) against the Government for any damage caused or likely
to be caused or any injury suffered or likely to be suffered by
anything, in good faith, done or intended to be done under this

166. The Administrator may, by notification in the Official Gazette Dcleg«£,

35
delegate to any officer or authority subordinate to him any of the
powers conferred on him or on any officer subordinate to him by
 56
this Act, other than the power to make rules, to be exercised subject
to such restrictions and conditions as may be specified in the said
notification.

Power to 167. If any difficulty arises in giving effect to any provision of this 5
remove aim- A ^

cables. Act, the Government may, as occasion requires, take any action not
inconsistent with the provisions of this Act which may appear to it
necessary for the purpose of removing the difficulty.

General 168. Without prejudice to any power to make rules contained else-
make rules, where in this Act, the Administrator may, by notification in the 10
Official Gazette, make rules generally to carry out the purposes of
this Act.

L jy in ^ o f Every rule made under this Act shall be laid as soon as may
169-
Parliament, be a&er it is made before each House of Parliament while it Is in
session for a total period of thirty days which may be comprised in 15
one session or in two successive sessions, and if before the expiry of
the session in which it is so laid or the session immediately follow­
ing, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall there­
after have effect only in such modified form or be of no effect, as the 2o
case may be; so however that any such modification or annulment
shall be without prejudice to the validity of anything previously done
under that rule-

170. ( 1) On and from the date on which any of the provisions of

this Act are brought into force in any area in the Union territory of 2<.
Manipur, the enactments specified in the Schedule or so much thereof '
as relate to the matters covered by the provisions so brought into
force shall stand repealed in such area.

(2) The repeal of any enactment or part thereof by sub-section (1)

shall not affect,—

(a) the previous operation of such enactment or anything 30

duly done or suffered thereunder;
(b) any right, privilege,’ obligation or liability acquired, ac­
crued or incurred under such enactment;
(c) any penalty, forfeiture or punishment incurred in res­
pect of any offence committed against such enactment; 35
(d) any investigation, legal proceeding or remedy in respect
of any such right, privilege, obligation, liability, penalty, forfei­
ture or punishment as aforesaid;
 57
and any such investigation, legal proceeding or remedy may be
instituted or enforced and any such penalty, forfeiture or punish­
ment may be imposed as if such enactment or part thereof had not
been repealed. •
5 (3) Subject to the provisions contained in sub-section (2 ), any
appointment, rule, order, notification or proclamation made or issued,
any lease, rent, right or liability granted, fixed, acquired or incurred
and any other thing done or action taken under any of the enact­
ments or parts thereof repealed under sub-section ( 1) shall, in so far
io as it is not inconsistent with the provisions of this Act brought into
force, be deemed to have been made, issued, granted, fixed, acquired,
incurred, done or taken under this Act and shall continue to be m
force until superseded by anything done or any action taken under
this Act.
(4) Any custom or usage prevailing at the time any of the pro­
visions of this Act are brought into force in any area in the Union
territory of Manipur and having the force of law therein shall, if
such custom or usage is repugnant to or inconsistent with such pro­
vision, cease to be operative to the extent of such repugnancy or
20 inconsistency.
 THE SCHEDULE
[See section 170 (1) ]

1. The Assam Land and Revenue Regulation, 1886 (Assam Act I of

1886), as extended to the Union territory of Manipur by notification
under section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950). 5

2. The Bombay Vidarbha Region Agricultural Tenants (Protec­

tion from Eviction and Amendment of Tenancy Laws) Act, 1957
(Bom. Act IX of 1958), as extended to the Union territory of
Manipur, by notification under section 2 of the Union Territories
(Laws) Act, 1950 (30 of 1950). 10

58
 Ap p e n d ix i
(Vide para 2 of the Report)
Motion in the Lok Sabha for reference of the Bill to a Joint
Committee

“That the Bill to consolidate and amend the law relating to land
revenue in the Union territory of Manipur and to provide for cer­
tain measures of land reform be referred to a Joint Committee of the
Houses consisting of 30 members; 20 from this House, namely:—
1. Shri Bangshi Thakur
2. Shri Rungsung Suisa
3. Shri Dharanidhar Basumatari
4 Shri Etikala Madhusudan Rao
5. Shri Ghanshyamlal Oza
6 . Shri Bibhuti Mishra
7. Major Raja Bahadur Birendra Bahadur Singh
8 . Shri M. Gulam Mohideen
9. Shri Shobha Ram
10. Shri Raja Ram Misra
11. Shri J. B. S. Bist
12. Shri N. B. Maiti
13. Shri H. Siddananjappa
14. Shri Dasaratha Deb
15. Shri Laisram Achaw Singh
16. Shri Pramathanath Banerjee
17. Shri Tridib Kumar Chaudhuri
18. Shri Ram Chandra Majhi
19. Shri Bijaya Chandrasingh Prodhan; and
20. Shri B. N. Datar
and 10 members from Rajya Sabha;
that in order to constitute a sitting of the Joint Committee the
quorum shall be one-third of the total number of members of the
Joint Committee;

59
 60 .
that the Committee shall make a report to this House by thd
first day of the next session;
that in other respects the Rules of Procedure of this House relat­
ing to Parliamentary Committees will apply with such variations and
modifications as the Speaker may make; and
that this House recommends to Rajya Sabha that Rajya Sabha
do join the said Joint Committee and communicate to this House
the names of members to be appointed by Rajya Sabha to the Joint
Committee.”
 APPENDIX II

(Vide para 3 of the Report)

Motion in the Rajya Sabha

“That this House concurs in the recommendation of the Lok

Sabha that the Rajya Sabha do join in the Joint Committee of the
Houses on the Bill to consolidate and amend the law relating to
land revenue in the Union territory of Manipur and to provide for
certain measures of land reform, and resolves that the following
members of the Rajya Sabha be nominated to serve on the said
Joint Committee:—
1. Shri Laimayum Lalit Madhob Sharma
2. Shri Abdul Latif •
3. Shrimati Seeta Yudhvir
4. Shri Braj Bihari Sharma
5. Shri Joy Bhadra Hagjer
6 . Sardar Raghbir Singh Panjhazari
7 . Shri V. Prasad Rao
8 . Shri Kamta Singh
9. Shri Dibakar Patnaik ' '
10. Shri Govind Ballabh Pant.”

62
 APPENDIX n i
(Vide para 7 of the Report)
Statement showing particulars of memorandaIrepresentations etc. received by the
Joint Committee and the action taken thereon

SL Nature of Document From whom received Action taken

No.

1 Memorandum . Protest Committee on the Manipur Circulated to Mem­

Land Revenue and Land Reforms bers.
Bill, 1959, Khwai Singjabung,
Imphal.

Da Shri L. M. Iboongohal Singh, Imphal Do.

3 Do. Manipur Raj Kumar Association, Do.

Imphal.

4 Da Shri M. K. P. B. Singh, and Shri L. Do.

M. Iboongohal Singh, Imphal.

5 Representation . Shri S. Krishna Mohan Singh, Placed in the

Administrator, Palace, Imphal. Parliament Library
and Members in­
formed.

6. Supplementary Protest Committee on the Manipur Circulated to Mem­

Memorandum Land Revenue and Land Reforms bers
Bill, 1959, Khwai Singjabung,
Imphal.

7 Memorandum . Manipur State Council Communist Do.

Party of India, Imphal.
8 Do. Manipur State Congress Committee, Do.
Imphal.

9 Do. Manipur Land Reforms Pradbad Do.

Sabha, Imphal . . .

62
 APPENDIX IV
MINUTES OF THE SITTING OF THE JOINT COMMITTEE
I
First Sitting
The Committee met from 12.00 hours to 12.25 hours on Thursday,
the 24th December, 1959.
PRESEN T

M em b e rs

Lok Sabha
1. Shri Bangshi Thakur,
2. Shri Dharanidhar Basumatari,
3. Shri Etikala Madhusudan Rao
4. Shri Ghanshyamlal Oza
5. Shri Bibhuti Mishra
6 . Shri M. Gulam Mohideen
7. Shri Raja Ram Misra
8. Shri J. B. S. Bist
9. Shri N. B. Maiti
10. Shri H. Siddananjeppa
11. Shri Laisram Achaw Singh
12. Shri Pramathanath Banerjee
13. Shri Tridib Kumar Chaudhuri
14. Shri Ram Chandra Majhi
15. Shri Bijaya Chandnasingh Prodhan
16. Shri B. N. Datar (in the Chair)

Rajya Sabha
17. Shri Laimayum Lalit Madhob Sharma
18. Shrimati Seeta Yudhvir
19. Shri Braj Bihari Sharma
20. Shri Joy Bhadra Hagjer
21. Sardar Raghubir Singh Panjhazari

68
 94
22. Shri Kamta Singh
23. Shri Dibakar Patnaik.
D r a f t sm e n

Shri R. C. S. Sarkar—Joint Secretary and Draftsman, Ministry

oj Law.
Shri K. G. Viswanathan—Deputy Draftsman, Ministry of Law.
R epresentatives of M in ist r ie s and other O fficers

Shri Hari Sharma—'Additional Secretary, Ministry of Home

Affairs.

S ecretariat

Shri A. L. Rai—Deputy Secretary.

2. In the absence of the Chairman, Shri B. N. Datar was elected
to the Chair.
3. The Committee considered whether any evidence should be
taken by them and whether it was necessary to issue a press com­
munique advising public bodies, associations and individuals desirous
of presenting their suggestions or views before the Committee in res­
pect of the Bill to submit written memoranda thereon.
4. It was decided that a press communique might be issued advis­
ing public bodies, associations and individuals desirous of presenting
their suggestions or views before the Committee in respect of the
Bill to send written memoranda thereon to the Lok Sabha Secre­
tariat by the 11th January, 1960.
The Committee also decided that 500 copies of the Press Com­
munique might be sent to the Chief Commissioners of Tripura and
Manipur respectively for circulation to local press and interested
persons. * : * fT j^R
5. The Committee authorised the Chairman to decide after
examining the memoranda as to whether any public bodies, associa­
tions, etc. ought to be called to give oral evidence before the
Committee.
6 . The Chairman suggested that notices of amendments to the
clauses of the Bill might be sent to the Lok Sabha Secretariat by the
15th January, 1960, for circulation to the Members of the Committee.
7. The Committee decided to meet again from the 22nd January,
1960 at 10.30 hours.

The Committee then adjourned.

 n
Second Sitting
The Committee met from 11.12 hours to 14.00 hours on Friday, the
22nd January, 1960. .
PRESE N T

Shri Govind Ballabh Pant—Chairman

M em bers

Lok Sabha
2. Shri Bangshi Thakur
3. Shri Etikala Madhusudan Rao
4. Shri Bibhuti Mishra
5. Major Raja Bahadur Birendra Bahadur Singh
6. Shri M. Gulam Mohideen
7. Shri Shobha Ram
8. Shri Raja Ram Misra
9. Shri J. B. S. Bist
10. Shri N. B. Maiti
11. Shri H. Siddananjappa
12. Shri Dasaratha Deb
.13. Shri Laisram Achaw Singh
14. Shri Pramathanath Banerjee
15. Shri Ram Chandra Majhi
16. Shri Bijaya Chandrasingh Prodhan
17. Shri B. N. Datar
Rajya Sabha
18. Shri Laimayum Lalit Madhob Sharma
19. Shri Abdul Latif
20. Shrimeti Seeta Yudhvir
21. Shri Braj Bihari Sharma
22. Shri Joy Bhadra Hagjer
23. Shri V. Prasad Rao
/
65
 24. Shri Kamta Singh
25. Shri Dibakar Patnaik.
D raftsm en

Shri R. C. S. Sarkar—Joint Secretary and Draftsman, Ministry

. of Law.
Shri K. G. Viswanathan—Deputy Draftsman, Ministry of Law.
R epresentatives of M in ist r ie s and other O fficers

Shri Hari Sharma—Additional Secretary, Ministry of Home

Affairs.
Shri J. M. Raina—Chief Commissioner, Manipur.
Shri N. M. Patnaik—Chief Commissioner, Tripura.
Shri T. C. A. Ramanujachari—Deputy Secretary, Ministry of
Home Affairs.
S ecretariat

Shri A. L. Rai—Deputy Secretary.

•2. The Committee decided to take up first clause by clause con­
sideration of the Tripura Land Revenue and Land Reforms Bill, 1959.

* • * * *

* * * * *

•Paras 3 to 20 which deal with the Tripura Land Revenue and Land
Reforms Bill, 1959 have not been included in this Minutes.
 m

Third Sitting
The Committee met from 11.03 hours to 13.30 hours and again from
14.15 hours to 15.08 hours on Monday, the 25th January, 1960.

PRESENT
M em bers

Lok Sabha
1. Shri Bangshi Thakur
2. Shri Dharanidhar Basumatari
3. Shri Bibhuti Mishra
4. Major Raja Bahadur Birendra Bahadur Singh
5. Shri Sobha Ram
6. Shri Raja Ram Misra
7. Shri J. B. S. Bist
8 . Shri N. B. Maiti
9. Shri H. Siddananjappa
10. Shri Dasaratha Deb
11. Shri Laisram Achaw Singh
12. Shri Pramathanath Banerjee
13. Shri Ram Chandra Majhi
14. Shri Bijaya Chandrasingh Prodhan
15. Shri B. N. Datar (in the Chair).

Rajya Sabha
16. Shri Laimayum Lalit Madhob Sharma
17. Shri Abdul Latif
18. Shrimati Seeta Yudhvir
19. Shri Braj Bihari Sharma
20. Shri Joy Bhadra Hagjer
21. Sardar Raghubir Singh Panjhazari
22. Shri V. Prasad Rao

67
169T(B) L.S.—5. i|
 68

23. Shri Kamta Singh

24. Shri Dibakar Patnaik.

D raftsmen
Shri R. C. S. Sarkar—Joint Secretary and Draftsman, Ministry
of Law.
Shri K. G. Viswanathen—Deputy Draftsman, Ministry of Law.

R epresentatives of the M in ist r ie s and other O fficers

Shri Hari Sharma—Additional Secretary, Ministry of Home

_ Affairs.
Shri T. C. A. Ramanujachary—Deputy Secretary, Ministry of
Home Affairs.
S ecretariat

Shri A. L. Rai—Deputy Secretary.

2. In the absence of the Chairman, Shri B. N. Deter was elected
to the Chair.
3. The Committee took up clause by clause consideration of the
Bill.
4. Enacting Formula.—The following amendment was accepted: —
In page 1, line 1,
for “Tenth” substitute “Eleventh” .
The Enacting Formula as amended was adopted.
5. Clause 1.—The following amendment was accepted:—
In page 1, line 6,
for “ 1959” substitute “ 1960".
The clause as amended was adopted.

6 . Clause 2.— ( 1) The following amendments were accepted:—

(i) In page 3, line 17,

for “or separated” substitute “or judicially separated” .

(ii) In page 4;

(a) line 11, after “another” add “person” .

(b) line 14, after “land” add “of another person” .

 61
(2) The Committee felt that the term ‘family’ occurring in item (pj
of clause 2 should be defined and that this definition should also
apply to the “Explanation” under clause 123.

The following new definition was accordingly accepted subject to

modification by the Draftsman:—
“ ‘family’, in relation to a person, means the wife or husband,
as the case may be of such person, his children, grand­
children, parents and brothers, and in the case of a joint
Hindu family, and member of such family.”
The clause as amended was adopted.

7. Clauses 3—11.—The clauses were adopted without any amend­

ment.

8 . Clause 12.—The Chairman announced that reasonable tradi­

tional rights of the people regarding trees and forests etc. would be
kept in view and regard had thereto when rules are framed on the
subject.
The Draftsman was directed to suitably provide for the same.
Subject to the above, the clause was adopted.
9. The Committee also decided that similar provision might be
made in the relevant clause of the Tripura Land Revenue and Land
Reforms Bill, 1959 and also in the rule-making clauses of both the
Bills.) • j
10. Clause 13.—The clause was adopted without any amendment.

11. Clause 14.—The following amendment was accepted:—

In page 7, line 22, j

after “this Act” add “and such rule9 may provide for allot­
ment of land to persons evicted under section 15”.

The clause as amended was adopted.

12. Clauses 15—19.—The clauses were adopted without any

amendment. 1

13. Clause 20.—The following amendments were accepted:—

In page 9,
(a) line 36, '
for “five” substitute “four”.
 70

(b) line 39,) 1

for “ to any” substitute “for any”.

The clause as amended was adopted.
14. Clause 21.—The clause was omitted.
15. Clause 22.—The clause was adopted without any amendment
16. Clause 23.—The Committee felt that proviso to item (c) of
sub-clause ( 1) should apply to item (b) also.
The Draftsman was directed to carry out the necessary amend­
ment. ! Ii
Subject to the above, the clause was adopted.
17. Clauses 24-25.—The clauses were adopted without any amend­
ment^ [
18. Clause 26.—The Committee desired that the panchayats should
also be associated with enquiries into profit of agriculture and into
the value of land used for agricultural and non-agricultural purposes
and that the same may be provided in the rules to be framed on the
subject^ |

Subject to the above, the clause was adopted.

19. The Committee also directed that similar provision might be
made in case of Tripura Land Revenue and Land Reforms Bill, 1959.
20. Clause 27.—The following amendments were accepted: —
In page 11, (a) line 12,
for “The Administration may, whenever it may seem expe­
dient” substitute “Whenever the Administrator thinks
it expedient so to do, he may with the approval of the
Government”.
(b) for lines 15-16, substitute “and to the preparation of a
record of rights connected therewith or the revision of
any existing settlement or record of rights”.
The clause as amended was adopted.
21. Clause 28.—The clause was adopted without any amendment.

22 . Clause 29.—The following amendment was accepted:—

In page 11,
omit lines 32—35. :
The clause as amended was adopted.
 23. Clause 30.—The following amendment was accepted:—

In pages 11-12,
omit lines 38—40 and lines 1—3 respectively.
The clause as amended was adopted.
24. Clauses 31—46.—The clauses were adopted without any amend­
ment. i
25. Clause 47.—The following amendment was eccepted:—
In page 15, line 33,
for “said section” substitute “said sub-section”.
The clause as amended was adopted.
26. Clauses 48—58.—The clauses were adopted without any amend­
ment.
27. Clause 59.—The following amendment was accepted: —
In page 18, line 2,
for “a fine not exceeding .fifty rupees” substitute “such penalty
not exceeding fifty rupees as the competent authority may
impose”.
The clause as amended was adopted.
„ 28. Clauses 60—75.—The clauses were adopted without any amend­
ment.
29. Clause 76.—The following amendments were accepted: —
In page 20,

(a) line 28, 1

for “by him” substitute “by him under section 72”.

(b) line 31,

after “not confirmed” add “or is set aside” .
The clause as amended was adopted.
30. Clauses 77—80.—The clauses were adopted without any
amendment.
31. Clauses 81-82.—The clauses were omitted.
32. Clauses 83—98.—The clauses were adopted without any amend­
ment.
 72 .
33. Clause 99.—The following amendment was accepted:—
In page 26, line 3,

after “proceedings” add “or except after notice to the other

party” .

The clause as amended was adopted.

34. Clause 100.—The clause was adopted without any amendment.

35. Clause 101.—The following amendment was accepted:—

In page 28, line 27,

omit “and 81” .
The clause as amended was adopted.
36. Clauses 102—104.—The clauses were adopted without any
amendment.

37. Clause 105.—The following amendment was accepted: —

In page 30, line 30,

for “one month” substitute “ninety days” .

The clause as amended was adopted.

38. Clause 106.—The clause was adopted without any amendment.

39. Clause 107.—The following amendment was accepted: —

In page 31, line 40,

for “ shall be deemed” substitute “shall, subject to the provisions
of sub-section ( 2 ) of section 106, be deemed”.
The clause as amended was adopted.

40. Clause 108.—The clause was adopted without any amendment.

41. Clause 109.—The following amendment Was accepted:—

In page 32, line 15,
for “A landowner” substitute “In respect of any lease made
after the commencement of this Act, a landowner*’.
The clause as amended was adopted.

The Committee desired that a similar provision may be made in

the Triptira Land Revenue and Land Reforms Bill, 1959.
 73

42. Clause? 110—114.—The clauses were adopted without any

amendment.
43. Clause 115.—The Committee desired that provisions regarding
payment of maximum rent by a tenant as laid down in clause 114 of
the Tripura Land Revenue and Land Reforms Bill, 1959 should be
incorporated with suitable amendments in this clause.
The Draftsman was directed to amend the clause accordingly.

44. The Committee then adjourned i;o meet again at 11-00 hours on
Friday, the 5th February, 1960.
 IV -I
Fourth Sitting
The Committee met from 11.05 hours to 12.50 hours on Friday, the
5th February, I960. ;
PRESENT
! M em bers *

Lok Sabha ;
1. Shri Etikala Madhusudan Rao
2. Shri Ghanshyamlal Oza
3. Shri Bibhuti Mishra
4. Shri M. Gulam Mohideen
5. Shri Raja Ram Misra
6. Shri J. B. S. Bist
7. Shri N. B. Maiti
8 . Shri H. Siddananjappa
9. Shri Dasaratha Deb
10. Shri Laisram Achaw Singh
11. Shri Pramathanath Banerjee
12. Shri Ram Chandra Majhi
13. Shri Bijaya Chandrasingh Prodhan
14. Shri B. N. Datar (in the Chair).
Rajya Sabha
15. Shri Laimayum Lalit Madhob Sharma
16. Shrimati Seeta Yudhvir
17. Shri Braj Bihari Sharma
18. Sardar Raghubir Singh Panjhazari
19. Shri Kamta Singh.
D raftsm en

Shri R. C. S. Sarkar—Joint Secretary and Draftsman, Minis­

try of Law.
Shri K. G. Viswanathan—Deputy Draftsman, Ministry of
Law.

74
 75
R e p r e s e n t a t iv e s of M in is t r ie s and oth er O f f ic e r s

Shri J. M. Raina—Chief Commissioner, Manipur.

Shri N. M; Patnaik—Chief Commissioner, Tripura.
Shri T. C. A. Ramanujachary—Deputy Secretary, Ministry of
Home Affairs.

S e c r e t a r ia t

Shri A. L. Rai—Deputy Secretary.

2. In the absence of the Chairman, Shri B. N. Datai* was elected
to the Chair.
3. The Committee resumed clause by clause consideration of the
Bill.
4. Clause 116.—The clause was adopted without any amendment.

5. Clause 117.—The following amendment was accepted: —

In page 34, line 29,

after “made to it” insert “at the expense of the landowner”.

The clause as amended was adopted.

6 . Clauses 118 to 121.—The clauses were adopted without any

amendment.

7. Clause 122.—The following amendments were accepted: —

In page 37,

( 1) after line 2 insert

“2(A) Where any order for eviction has been made against a
tenant on the ground specified in clause (a) of sub-section
( 1), then, notwithstanding the order, the tenant shall, until
he is provided with alternative land in accordance with
rules made in this behalf, be entitled to retain possession
of— ,
(a) the entire land held by him as a tenant, in any case where
the area of tenancy together with any other land held by
him does not exceed l -25 acres in area; and
(b) so much of the land held by him as a tenant as together
with any land held by him does not exceed the limit of
125 acres in area, in any case where the area of the
1697 (B ) L.S.—8
 76

tenancy together with the other land held by him exceeds

the said limit;

Provided that nothing in this sub-section shall apply to a tenant

who holds land under any person who is a member of the Armed
Forces of the Union.”

(2) In line 20, for “ or separated” , substitute “or judicially separa­

ted” .
The clause as amended was adopted.

8 . Clause 123.—The clause was adopted without any amendment.

9. Clause 124.—The following amendment was accepted: —

In page 38, lines 6-7,

omit "or deemed to have been reserved under section 107” .

The clause as amended was adopted.

10. Clauses 125—129.—The clauses were adopted without any

amendment.

11. Clause 130.—The principle of the following amendment was

accepted:—
In page 40,

after line 6, add—

“Provided that in case of a person who owns more than a basic
holding but not exceeding a family holding, the ownership
of the land which is declared to be the non-resumable land
of a tenant under section 108 or section 124 shall remain un­
affected for a period of five years.”
The Draftsman was directed to make suitable provision accord­
ingly.
12. Clause 131.—The clause was adopted without any amendment.
13. Clause 132.—The following amendment was accepted: —
In page 40, line 30,
for “twenty” substitute “ten”.
The clause as amended was adopted.
The Committee recommended that where compensation payable
to a landowner is small it may be paid in a lump sum.
 77
14. Clauses 133—140.—The clauses were adopted without any
amendment.

15. Clause 141.—The following amendment was accepted: —

In page 44, lines 17-18, omit “in accordance with the provisions of
that section” .
The clause as amended was adopted.
16. Clause 142.—The clause was adopted without any amendment.
17. Clause 143.—The following amendment was accepted: —
In page 45, line 35, for “as the land” substitute “as the area of the
land”.
The clause as amended was adopted.
18. Clause 144.—The Committee decided to make a recommenda­
tion to the effect that the rules made with reference to clause 14 for
allotment of excess land belonging to Government should also cover
excess lands which vest in the Government.
19. Clauses 145—148.—The clauses were adopted without any
amendment. .
20. Clause 149.—The Committee adopted the following revised
clause proposed by Government in substitution of the original
clause:—
Excess land
not to be “ 149. Where a person representing a family holds land not
surrendered exceeding the ceiling limit, but subsequently the land
in certain held exceeds the ceiling limit, then, notwithstanding any­
cases.
thing contained in this Chapter, such person shall not be
required to surrender any part of the land on the ground
that it is excess land, if such excess is due to a decrease
in the number of its members.”
21. Clauses 150—159.—The clauses were adopted without any
amendment.
22. Clause 160.—The Committee adopted the following revised
clause proposed by Government in substitution of the original
clause: —
Recovery of "160. Without prejudice to any other provision of this Act, any
amounts amount due to the Government whether by way of costs,
due as
arrears of penalty or otherwise, and any other amount which is
land reve­ ordered to be paid to or recovered by the Government,
nue.
under this Act shall be recoverable in the same manner
as an arrear of land revenue.”
 78
23. Clauses 161—173.—The clauses were adopted without any
amendment.
24. The Committee decided to ask for extension of time for pre­
sentation of their Report upto the 11th February, I960. Shri B. N.
Datar and in his absence Shri Bibhuti Mishra were authorised to move
the necessary motion in the House.
25. The draftsman was authorised to carry out amendments of
drafting and consequential nature.
26. The Committee then adjourned to meet again at 12.30 hours on
Saturday, the 6th February, 1960.
 V

Fifth Sittiag
The Committee met from 12-40 hours to 13-10 hours on Saturday,
the 6th February, 1960.
P R E SE N T

Shri Govind Ballabh Pant—Chairman.

M embers

Lok Sabha

2. Shri Bibhuti Mishra

3. Shri M. Gulam Mohideen
4. Shri Shobha Ham
5. Shri Raja Ram Misra
6 . Shri J. B. S. Bist
7. Shri N. B. Maiti
8. Shri H. Siddananjappa
9. Shri Dasaratha Deb
10. Shri Laisram Achaw Singh
11. Shri Pramathanath Banerjee
12. Shri Ram Chandra Majhi
13. Shri Bijaya Chandrasingh Prodhan
14. Shri B. N. Datar.

Rajya Sabha
15. Shri Laimayum Lalit Madhob Sharma
16. Sardar Raghbir Singh Panjhazari ■*r<
17. Shri Kamta Singh
D r a ftsm e n

Shri R. C. S. Sarkar—Joint Secretary and Draftsman, Minis­

try of Law.
Shri K. G. Viswanathan—Deputy Draftsman, Ministry of
Law.
79
 80

R epresentatives of M in ist r ie s and other O fficers

%
Shri T. C. A. Ramanujachary—Deputy Secretary, Ministry of
Home Affairs.
S ecretariat

Shri A. L. Rai—Deputy Secretary.

m m m m
*5. The Committee then took up consideration of the Manipur Land
Revenue and Land Reforms Bill, 1959, as amended and adopted the
same with the following amendments:—
Clause 106.—Sub-Clause ( 2 ) was omitted.
6 . The Committee then considered the draft Report and adopted
the same with necessary consequential changes arising out of accep­
tance of amendment to clause 106.
7. The Chairman announced that the reports of the two Com­
mittees would be presented to Lok Sabha on the 8th February, 1960
and laid on the Table of Rajya Sabha on the same day.
8 . The Chairman also stated that in view of this there was now
no necessity to ask for extension of time for the presentation of the
Report on the Manipur Land Revenue and Land Reforms Bill as had
been decided by the Committee at their sitting held on the 5th Feb­
ruary, 1960.
9. The Committee authorise the Chairman and in his absence Shri
Bibhuti Mishra to present the Reports on their behalf.
ID. The Committee also authorise the Chairman and in his absence
Shri Laimayum Lalit Madhob Sharma to lay the Report of the Com­
mittee on the Table of Rajya Sabha.

IL The Committee decided that Minutes of Dissent, if any, might

to the Lok Sabha Secretariat so as to reach them by 15-00
*^Krs on Sunday, the 7th February, 1960.
12. The Committee then adjourned.

*Paras 2 to 4 which deal with the Tripura Land Revenue and Land Reforms Bill,
1919, have not been included in the Minutes.

GIPND— LSI.— 1697 (B) LS— 11-2-60— 1950.